Annotated Republic of China Laws/Nationality Act/2000

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Nationality Act Republic of China (Taiwan) Law 2000

Articles 3 to 6, 9 to 11, 15, 19 and 20 have been amended. Article 21 has been deleted.

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 (later amended)

Article 4 (later amended)

Article 5 (later amended)

Article 6 (later amended)

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 (later amended)

Article 10 (later amended)

Article 11 (later amended)

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 (later amended)

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 (later amended)

Article 20 (later amended)

Article 21 (later deleted)

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.