Nationality Law of the Republic of China


Nationality Law of the Republic of China

The Nationality Law of the Republic of China (traditional Chinese: 中華民國國籍法; simplified Chinese: 中华民国国籍法; pinyin: Zhōnghuá Mínguó guójí fǎ) [1] defines and regulates nationality of the Republic of China (Taiwan). It was first promulgated by the Nationalist Government on February 5, 1929 and revised by the Taipei-based Legislative Yuan in 2000, 2001, and 2006.

The Act, like the Constitution of the Republic of China, makes no provision regarding citizenship. Citizenship rights in the Republic of China are currently restricted to persons with household registration in the Taiwan Area. The Act sets to define persons in terms of nationality (國籍), terming them as "nationals" (國民) rather than "citizens" (公民), a term that does not appear in the act.

Contents

Nationality

Republic of China nationality generally follows jus sanguinis. The law spells out four criteria, any one of which may be met to qualify for nationality:

  1. A person whose father or mother is, at the time of his (her) birth, a national 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 national 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.

In the original version of the law nationality could only be passed from father to child. However, the law was revised in 2000 to allow citizenship to be passed on from either parent, taking effect on those born after February 9, 1980 (those under age 20 at the time of the promulgation).

Dual nationality and naturalization

Article 9 of the ROC Nationality Act requires prospective naturalized citizens to first renounce their previous nationality, possibly causing those persons to become stateless if they then fail to obtain ROC nationality.[2] The United Nations High Commissioner for Refugees has noted that this has caused thousands of Vietnamese women to become stateless.[3] Article 9 does not apply to overseas Chinese holding foreign nationality who seek to exercise ROC nationality. Such persons do not need to naturalize because they are already legally ROC nationals.

The Act does not restrict ROC citizens from becoming dual nationals of other countries. Dual nationals are however restricted by Article 20 from holding most public offices in Taiwan. Indeed many immigrants to Taiwan give up their original nationality, obtain ROC citizenship, then apply again for their original nationality—which some countries will restore, some after a waiting period. (Notably, the United States government has no such procedure.) This entire process is fully legal under ROC law, though statistics are not available regarding how many people do this. The Act also permits former nationals of the ROC to apply for restoration of their nationality.

Status of Mainland Chinese and Overseas Chinese

The Republic of China's official borders encompass all of territories governed by the People's Republic of China and persons of these territories are legally nationals of the Republic of China. Thus, residents of mainland China must enter Taiwan using the Entry Permit of Mainland Residents to the Taiwan Area and residents of Hong Kong and Macau must enter using the Entry Permit of HK and Macau Residents to the Taiwan Area. PRC passports, HKSAR passports, Macau SAR passports, and BN(O) passports are not stamped by Taiwan immigration officers. Mongolia is also within the ROC's official borders, but since 2002, the government has extended recognition to the Mongolian government and permitted citizens of Mongolia to use their passports to enter Taiwan in lieu of an entry permit. After gaining permanent resident status abroad, or otherwise establishing a period of residency defined by the regulations, residents of mainland China, Hong Kong, and Macau become eligible for a Republic of China passport but do not gain benefits of citizenship.

Residents of mainland China who seek to settle permanently in Taiwan and gain citizenship rights do not naturalize like citizens of foreign countries. Instead, they merely establish household registration, which in practice takes longer and is more complicated than naturalization.

Republic of China passports were issued to overseas Chinese, irrespective of whether they have lived or even set foot in Taiwan. The rationale behind this extension of the principle of jus sanguinis to almost all Chinese regardless of their countries of residence, as well as the recognition of dual citizenships, is to acknowledge the support given by overseas Chinese historically to the Kuomintang regime, particularly during the Republican Revolution of 1911. See the passport article for more information about this practice.

Citizenship

In practice, exercise of most citizenship benefits, such as suffrage, labour rights, and access to national health insurance, requires possession of the Republic of China National Identification Card, which is only issued to persons with household registration in the Taiwan Area aged 14 and older. ROC nationals who do not hold household registration in Taiwan have no automatic right to stay in Taiwan, nor do they have work rights, voting rights, etc. In a similar fashion, some British passport holders do not have the right of abode in the UK (see British nationality law). Nationals without household registration in Taiwan (referred to as "unregistered nationals" in statute) can obtain a Republic of China National Identification Card only by settling in Taiwan for a period of time. However, children born abroad to nationals who establish household registration before turning 14 automatically become eligible for a ROC ID when they turn 14.

Post World War II Controversy

The nationality law was first promulgated by the Nationalist Government on February 5, 1929, when Taiwan was under Japanese rule. The book On Taiwan's Status and Relations, edited by National Chengchi University history professor Hsueh Hua-yuan, points out that the ROC government announced in January 1946 that the people living in Taiwan had "regained" their status as ROC nationals, which gave rise to diplomatic protests from the UK and the US.[4] Up to the present day, this Nationality Law has been revised by the Taipei-based Legislative Yuan in 2000, 2001, and 2006. The inclusion of native Taiwanese people within its scope of application has been controversial, with some opponents of Republic of China rule over Taiwan arguing that the law has "forced" citizenship onto Taiwanese people. These opponents generally are supporters of Taiwan independence.

See also

Notes

External links



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