Annotated Republic of China Regulations/Enforcement Rules of the Nationality Act/2004

The Enforcement Rules of the Nationality Act as of 2004 from http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=1277 is shown below, with articles later amended in separate pages.

Article 1

• These Rules are adopted in accordance with Article 22 of the Nationality Act (hereinafter referred to as the Act).

Article 2

• Applications for naturalization, or for loss, restoration or revocation of nationality according to the Act, shall be made by the applicant in person or by the applicant's legal guardian.
• Applications for naturalization, or for loss, restoration or revocation of nationality shall be filed with the local household administration office, and then transferred to the municipal or county (city) government for the approval of the Ministry of the Interior (hereinafter referred to as the MOI).
• To apply for loss or revocation of nationality, an applicant who resides in a foreign country may file an application with an embassy, consulate, representative office, or other institution (hereinafter referred to as an Embassy or Mission) of the Republic of China (hereinafter referred to as the ROC) authorized by the Ministry of Foreign Affairs (hereinafter referred to as MOFA). The application shall be then transferred through MOFA to　the MOI for approval.
• Under circumstances prescribed in the Proviso of Subparagraph 1 of Article 12 of the Act, applications for loss of nationality shall be filed with an ROC Embassy or Mission, and then transferred through MOFA to the MOI for　approval.
• Where an application is filed incorrectly or the required documents have not been submitted in full but the matter can be rectified, a time limit shall be set within which the applicant must make the necessary corrections. In cases where the applicant fails to fulfill the required corrections within the time limit, the application shall be rejected.
• When necessary, the MOI may commission any other related government agency to conduct the activities prescribed in the preceding Paragraph.

Article 3 (later amended)

Article 4

• An alien or stateless person who has domicile in the territory of the ROC as referred to in Articles 3 to 5 and Article 15 of the Act referes to a person who resides in the territory of the ROC with intention to reside for a long period and holds an Alien Resident Certificate or Permanent Resident Certificate.

Article 5

• The calculation of the duration of legal stay in the ROC as prescribed in Articles 3 to 5 of the Act shall include the duration of legal stay as permitted by the Alien Resident Certificate or Permanent Resident Certificate acquired before the Act was amended and enforced on 9 February 2000.
• Under any of the following circumstances, the duration of stay recorded on the Alien Resident Certificate or Permanent Resident Certificate held by the applicant shall be exempt from the calculation of the duration of legal stay as referred to in the preceding Paragraph:
  • 1. Where the applicant is permitted by the Council of Labour Affairs, Executive Yuan, to engage in work prescribed in Subparagraphs 8~10, Paragraph One, Article 46 of the Employment Service Act;
  • 2. Where the applicant comes to Taiwan for schooling;
  • 3. Where the applicant acquires an Alien Resident Certificate depending on relatives referred to in the preceding two Subparagraphs.

Article 6 (later amended)

Article 7 (later amended)

Article 8 (later amended)

Article 9 (later amended)

Article 10 (later amended)

Article 11 (later amended)

Article 12

• An ROC overseas national who had emigrated from the ROC on or before 31 December of the year when he/she turns fifteen years of age as referred to in the Proviso of Subparagraph 1 of Article 12 of the Act is a person who going abroad on or before 31 December of the year when he/she turns fifteen years of age, and whose date of emigration abroad has recorded in the household registration documents.

Article 13

• A person who applies for revocation of loss of nationality in accordance with Article 14 of the Act shall submit an application form enclosed with the following documents:
  • 1. An approval of loss of nationality;
  • 2. Related documents evidencing the rejection or agreed withdrawal of attempted acquisition of foreign nationality, or other evidential documentation proving the applicant has not acquired the nationality of that country;
  • 3. A minor shall submit a letter of consent from his/her legal guardian.
• The fact that the applicant has failed to acquire foreign nationality as referred to in Subparagraph 2 of the preceding Paragraph shall be verified by MOFA when it is deemed necessary by the MOI.

Article 14 (later amended)

Article 15

• A person who applies for naturalization, or loss or restoration of nationality in accordance with the Act, and obtains permission, shall be issued with an approval certificate of naturalization, or of loss or restoration of nationality by the MOI.

Article 16 (later amended)

Article 17

• If the document required in accordance with these Rules is in a foreign language, a Chinese version must accompany it.
• If the document referred to in the preceding Paragraph is produced by a foreign embassy, consulate or authorized representative agency stationed in the ROC, verification by MOFA is required. If it is produced abroad, verification/certification by an ROC Embassy or Mission, as well as re-verification by MOFA, will also be required. A review by MOFA may be waived if the application has been filed with an ROC Embassy or Mission in accordance with Paragraph Three or Paragraph Four of Article 2 for approval by the MOI on behalf of MOFA.
• The Chinese version of the document referred to in Paragraph One shall be verified by an ROC Embassy or Mission. It may also be verified by a notary public in the ROC.

Article 18

• The competent authorities as referred to in Paragraph One of Article 20 of the Act refers to those organizations that have the authority to employ the said civil servant.
• An ROC national, having acquired a foreign nationality in accordance with Paragraph One of Article 20 of the Act, shall be prohibited from holding public office in the ROC. This provision shall also apply to any foreigner who has acquired ROC nationality without losing his/her original foreign nationality.
• Those who hold public office prescribed in the Proviso of Paragraph One and Paragraph Two of Article 20 shall be subject to the recognition of the competent authorities.

Article 19

• These Rules shall come into force from the date of their promulgation.