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NATIONALITY ACT

Promulgated by the National Government on February 5, 1929
Revised and promulgated by the President on February 9, 2000
Revised and promulgated by the President on June 20, 2001
the article of the twentieth

Article 1 The acquisition, loss, restoration and revocation of the nationality of the Republic of China shall be governed by this Law.
Article 2 A person who meets one of the following requirements acquires the nationality of the Republic of China:1. A person whose father or mother is, at the time of his (her) birth, a citizen of the Republic of China.2. A person born after the death of his (her) father or mother who was, at the time of his (her) death, a citizen of the Republic of China. 3. A person born in the territory of the Republic of China and whose parents are both unknown or are stateless.4. A naturalized person.The provisions specified in sub-paragraphs (1) and (2) of the preceding Paragraph shall apply to minor children on the date of the promulgation of the amendment of this Law.
Article 3 An alien or a stateless person who has, at present, a domicile in the territory of Republic of China and who meets one of the following requirements may apply for naturalization: 1. Having legally stayed in the territory of the Republic of China for more than 183 days each year for more than five years without interruption. 2. Having attained to the age of 20 years and have legal capacity under both the law of the Republic of China and the law of his (her) original country. 3. Having good character and no record of criminal conviction. 4. Possessing sufficient property or professional skills, which enable him (her) to make a self-reliant living or a living without worry.
Article 4 An alien or a stateless person who has, at present, a domicile in the territory of the Republic of China, meets one of the requirements specified in sub-paragraphs (2) to (4) of the preceding Article, and has legally stayed in the territory of the Republic of China for more than 183 days each year for more than three years without interruption, also meets one of the following requirements, he (she) may apply for naturalization: 1. A person who is the spouse of a ROC citizen.2. A person whose father or mother is or was a ROC citizen. 3. A person who is adopted by a ROC citizen.4. A person who was born in the territory of the Republic of China.An minor alien or a stateless person, whose father, mother, or adopted father or mother is a ROC citizen and who has legally stayed in the territory of the Republic of China for less than three years and does not meet the requirements specified in sub-paragraphs (2) and (4) of the preceding Article may also apply for naturalization.
Article 5 An alien or a stateless person who has, at present, a domicile in the territory of the Republic of China and who meets one of the requirements specified in sub-paragraphs (2) to (4) of Article 3 and also meets one of the following requirements may apply for naturalization:1. A person who was born in the territory of the Republic of China and whose father or mother was also born in the territory of the Republic of China. 2. A person who has legally stayed in the territory of the Republic of China for more than 10 years without interruption.
Article 6 An alien or a stateless person who has rendered distinguished service to the Republic of China but does not meet the requirements specified in the sub-paragraphs of Article 3 may also apply for naturalization.The Ministry of the Interior needs to first obtain the approval of the Executive Yuan before it can grant naturalization to such person as stated in the preceding Paragraph.
Article 7 A naturalized person's minor children who are not married may apply for naturalization in conjunction with that person's naturalization.
Article 8 An alien or a stateless person applies for naturalization in accordance with the provisions of Articles 3 to 7 shall apply to and be granted by the Ministry of the Interior his (her) ROC nationality on the date of approval.
Article 9 An alien who is naturalized in accordance with the provisions of Articles 3 to 7 shall submit a certificate to prove the loss of his (her) original nationality. However, this does not include cases in which responsibility for failing to obtain a certificate does not rest with the person and thatthe reason for failure has been verified by the Ministry of Foreign Affairs.
Article 10 An alien or a stateless person who is naturalized shall not be eligible for the following public offices: 1. President, Vice President. 2. Members of the National Assembly, Legislators. 3. Premier, Vice Premier, Ministers of the Executive Yuan; President, Vice President, Grand Justices of the Judicial Yuan; President, Vice President, Members of the Examination Yuan; President, Vice President, Members of the Control Yuan, Auditor @ General; 4. Political or Special Accredited Officers.5. Political Vice Ministers.6. Extraordinary and Plenipotentiary Ambassadors or Ministers. 7.Vice Chairman, Members of Mongolian and Tibetan Affairs Commission; Vice Chairman of Overseas Chinese Affairs Commission.8. Other public servants of selected appointment rank equivalent to or higher than 13th rank. 9. Generals in the Army, Navy and Air Forces.10. Elected local public servants. The restrictions specified in the preceding Paragraph shall be removed 10 years after a person's naturalization. But if there are provisions in other laws and regulations, they shall apply.
Article 11 A citizen of the Republic of China, who falls under one of the following categories loses the nationality of the Republic of China with the approval of the Ministry of the Interior:1. A person whose natural father is an alien and who has been acknowledged by his (her) natural father. 2. A person whose father is unknown or has not been acknowledged by his (her) natural father and whose mother is an alien. 3. A person whose spouse is an alien.4. A person who is an adopted child of an alien. 5. A person who has attained to the age of 20 years, having legal capacity under the law of the Republic of China and wishes, of his (her) own will, to acquire the nationality of a foreign country. A person who loses the nationality of the Republic of China in accordance with the provisions of the preceding Paragraph and his (her) minor children shall lose their nationality in conjunction with him (her) with the approval of the Ministry of the Interior.
Article 12 When a person may lose his (her) nationality in accordance with the provisions of the preceding Article, the Ministry of the Interior shall not approve the loss of nationality if that person falls under one of the following categories: 1. A male who, starting from January 1 of the next year after he attains to the age of 15 years, is not exempt from military service and has not performed the military service. This provision, however, does not apply to an overseas Chinese national who was born in a foreign country and does not have household registration in the Republic of China or a person who has emigrated to a foreign country before December 31 of the year when he attains the age of 15 years.2. A person who is on active military service. 3. A person who is holding a public office of the Republic of China.
Article 13 A person who falls under one of the categories described in Article 11 shall not lose his (her) nationality falling under any one of the additional circumstances below:1. A person who is a defendant in a criminal case under investigation or trial. 2. A person who has been sentenced for imprisonment for a specific term and whose sentence has not been completed. 3. A person who is a defendant in a civil case. 4. A person who has not completed the terms of compulsory execution. 5. A person who has been declared bankrupt and has not been rehabilitated. 6. A person who is in arrears with his (her) taxes or who has not fully paid a tax fine.
Article 14 A person who has lost the nationality of the Republic of China in accordance with the provisions of Article 11 and has not obtained the nationality of a foreign country can, with the approval of the Ministry of the Interior, have the loss of his (her) nationality of the Republic of China revoked.
Article 15 A person who has lost the nationality of the Republic of China in accordance with the provisions of Article 11 and who at present has a domicile in the territory of the Republic of China and satisfies the requirements of sub-paragraphs (3) and (4) of Article 3 may apply for the restoration of his (her) nationality. The provisions in the previous Paragraph does not apply to a naturalized person and his (her) children, who have lost their nationality in conjunction with the naturalized person.
Article 16 The minor children of a person who has been restored the nationality of the Republic of China may, in conjunction with their father or mother, apply for the restoration of the nationality of the Republic of China.
Article 17 A person who applies for the restoration of the nationality of the Republic of China in accordance with Article 15 and Article 16 shall submit his (her) application to the Ministry of the Interior and shall have the nationality of the Republic of China restored from the date of approval by that Ministry.
Article 18 A person who has been restored the nationality of the Republic of China shall not, within three years from the date of restoration, hold public offices specified in sub-paragraphs of Paragraph 1 of Article 10. If there are provisions in other laws and regulations, they shall apply.
Article 19 If naturalization, loss or restoration of the nationality of the Republic of China is found not in accordance with the regulations of this Law within five years, the related decision shall be revoked.
Article 20 A citizen of the Republic of China who has obtained nationality of a foreign country shall not hold public offices of the Republic of China.Those who are holding public offices shall be released from their posts by their competent authorities. Members of the National Assembly shall be released by the National Assembly; legislators by the Legislative Yuan; public officers directly elected in municipalities, counties, cities or townships by the Executive Yuan, Ministry of the Interior, county (city) governments; and village and borough chiefs by rural township, urban township offices. This provision, however, does not apply to the following public offices which are approved by their competent authorities:(1)Presidents of public universities; teachers in public schools at various levels who are concurrently in charge of administration; chiefs, deputy chiefs and research fellows of research institutions (including those who are concurrently in charge of academic research); and chiefs, deputy chiefs, and contracted professionals (including those who are concurrently directors) of the social educational or cultural institutions set up with the approval of educational administrative or cultural agencies at various levels. (2)Employees in public enterprises other than those who are in charge of major decision making. (3)Contracted professionals of non-director nature level in various agencies who are in charge of research and designing. (4)Non-salary commissioners selected for consultation by the Overseas Chinese Affairs Commission in accordance with its Organizational Law. (5)Other public offices as prescribed by other related laws. The personnel specified in sub-paragraphs (1) to (3) of the preceding Paragraph shall be limited to those who have expertise or special skills that are not easily found in the ROC and whose duties are not involved in national confidential matters. The public offices specified in Paragraph 1 do not include those teachers, chairs, research fellows and technocrats who are not concurrently in charge of administration of public schools at various levels. A ROC citizen who has a foreign nationality and plans to take the public office with the nationality restriction as specified in this Article shall apply to give up his/her foreign nationality before taking office. He/she shall complete the loss of the foreign nationality and obtain the certificate within a year from the date of taking office. If there are provisions in other laws and regulations, they shall apply.
Article 21 The Ministry of the Interior while accepting an application and issuing a certificate in accordance with this Law, shall charge a certificate fee. The fee rate shall be decided by the Ministry of the Interior.
Article 22 Regulations for the enforcement of this Law shall be prescribed by the Ministry of the Interior.
Article 23 This Law shall come into force from the date of its promulgation.

 

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