Enforcement Rules of the Nationality Act

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Enforcement Rules of the Nationality Act (Republic of China)

• Adopted and promulgated by Order Tai (90) Nei-Hu-Tzu No.9068204 of the Ministry of the Interior on 1 February 2001
• Amended and promulgated by Order Tai-Nei-Hu-Tzu No.0930004575 of the Ministry of the Interior on 8 April 2004

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

• In this Act, a "stateless person" is a person who is not recognized as the citizen of any country according to the laws of that country. The following persons may be recognized as stateless:
  • 1. A person who holds travel documents issued by a foreign government that prescribe that he/she is stateless;
  • 2. A stateless person from Thailand, Burma or Indonesia who conforms with the provisions of Paragraph Two, Article 16 of the Entry & Exit and Migration Act, and who holds an Alien Resident Certificate prescribing the holder as stateless;
  • 3. Other persons recognized by the MOI.

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 precedng 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

• Continous residence of not less than 3, 5 or ten years as mentioned in Articles 3~5 of the Act means the period of 3, 5 or ten years before application for naturalization, without interruption.

Article 7

• A person who possesses sufficient property or professional skills as to enable him/her to be self-reliant as prescribed in Subparagraph 4 of Article 3 of the Act is as prescribed below:
  • 1. A person who applies for naturalization or restoration of nationality because he/she is the spouse of an ROC citizen shall conform to any of the following provisions:
    • (1) His/her average monthly income earned within the ROC in the past year is more than double the basic wage as promulgated by the Council of Labour Affairs, Executive Yuan;
    • (2) His/her deposits in a domestic financial institution over the last year is more than 24 times the basic wage as promulgated by the Council of Labour Affairs, Executive Yuan;
    • (3) Other requirements as recognized by the MOI.
  • 2. A person who applies for naturalization or restoration of nationality under any circumstance other than prescribed in the preceding Subparagraph shall conform to any of the following provisions:
    • (1) His/her average monthly income earned within the ROC in the past year is more than double the basic wage as promulgated by the Council of Labour Affairs, Executive Yuan;
    • (2) His/her total value of property, movable or immovable, is greater than NT$5 million;
    • (3) He/she is a skilled employee in a high-tech industry required by the ROC as prescribed in Subparagraph 2, Paragraph Three, Article 23 of the Entry & Exit and Migration Act, and thus is permitted to reside permanently in the ROC;
    • (4) Other requirements as recognized by the MOI.
• In order to prove income referred to in Item (1) of Subparagrpah 1 and Item (1) of Subparagraph 2 of the preceding Paragraph, the applicant may submit deduction bills and deduction exemption vouchers, tax payment certificates and other related evidential documents from the past year.
• The calculation of the amount listed in Items (1) and (2) of Subparagraph 1, and Items (1) and (2) of Subparagraph 2 of Paragraph One shall include the income or property of the applicant’s spouse or parent(s) in the ROC.

Article 8

• A person who applies for naturalization in accordance with Articles 3~5 or Article 7 of the Act shall submit an application form enclosed with the following documents:
  • 1. A document certifying stateless status, loss of foreign nationality, or a certificate issued by an ROC Embassy or Mission in accordance with the Proviso of Article 9 of the Act;
  • 2. A valid Alien Resident Certificate or Permanent Resident Certificate;
  • 3. A foreign Resident Certificate and a certificate stating the date of entry into and/or exit from the ROC;
  • 4. A criminal record or other certificates issued by the government of the applicant’s original country, and a criminal record certificate issued in the ROC covering the applicant’s period of stay in the ROC. This Subparagraph does not apply to minors under fourteen years of age;
  • 5. Documentation certifying that the applicant possesses sufficient property or professional skills which enable him/her to be self-reliant. This Subparagraph does not apply to unmarried minors applying for naturalization in conjunction with the applicant’s naturalization;　
  • 6. An unmarried minor is required to submit a letter of consent from his/her legal guardian. An unmarried male who is eighteen years of age or over or an unmarried female who is sixteen years of age or over is required to submit a certificate of celibacy;
  • 7. Other identification documents.
• For naturalization applications filed under Subparagraph 1, Paragraph One, Article 4 of the Act, if the reason for residence as recorded on the Alien Resident Certificate is to live with relatives, it is not necessary for the applicant to submit a criminal record or other certificates issued by the government of the applicant’s original country as referred to in Subparagraph 4 of the preceding Paragraph.
• The documents referred to in Subparagraph 7 of the preceding Paragraph mean one of the following documents:
  • 1. A household certification transcript showing marriage or adoption registration;
  • 2. In the absence of a household certification transcript referred to in the preceding Subparagraph, a marriage　certificate or a decision favouring an adoption and a certificate showing the final decision made by a competent judicial authority in the ROC;
  • 3. A birth certificate or any identification establishing a parent-child relationship.

Article 9

• A person who applies for naturalization in accordance with Article 6 of the Act shall submit an application form enclosed with the following documents:
  • 1. A certificate of merits;
  • 2. A document certifying stateless status, or loss of foreign nationality, or a certificate issued by an ROC Embassy or Mission in accordance with the Proviso of Article 9 of the Act;
  • 3. Other identification documents.

Article 10

• In order to submit a document certifying loss of original nationality in accordance with Article 9 of the act, a foreign national may submit an application form enclosed with the documents specified in Subparagraphs 2~7, Paragraph One of Article 8 or Subparagraphs 1 and 3 of the preceding Article of these Rules to the local household registration office in his/her domicile for the issuance of a certificate of ROC naturalization candidature from the competent municipal or county (city) government.
• The certificate of ROC naturalization candidature as referred to in the preceding Paragraph is valid for applications to the applicant’s original government for loss of nationality within one year, and may not be used as a certificate proving the person has been naturalized in the ROC.

Article 11

• A person who applies for loss of nationality in accordance with Article 11 of the Act shall submit an application form enclosed with the following documents:
  • 1. An ROC nationality certificate;
  • 2. A criminal record. Minors who are under fourteen years of age, or persons who have never had household registration in the ROC are not required to provide this;
  • 3. A certificate proving that no tax or tax-related fine is due;
  • 4. A letter of consent from a minor's legal guardian;
  • 5. A certificate of completion of military service, decommissioning, retirement or service exemption for a male of service age;
  • 6. Other identification certificates.
• The certificate referred to in Subparagraph 1 of the preceding Paragraph refers to any of the following:
  • 1. Household certification transcripts;
  • 2. ID cards;
  • 3. Household registry books;
  • 4. Passports;
  • 5. Certificates of nationality;
  • 6. Overseas Chinese registry certificates;
  • 7. Overseas Chinese identity certificates;
  • 8. The ROC nationality certificates of one of the applicant’s parents and the applicant’s birth certificate;
  • 9. Other certificates recognized by the MOI.
• The overseas Chinese identity certificate referred to in Subparagraph 7 of the preceding Paragraph does not include a certificate issued by the Overseas Chinese Affairs Commission after the applicant submits a certificate of Chinese descent.
• The documents specified in Subparagraph 6 of the preceding Paragraph denote one of the following documents:
  • 1. An applicant with domicile in the ROC shall submit a transcript of household certification duly evidencing marriage, proof of birth or adoption registration;
  • 2. A person who cannot submit such a household certification transcript as prescribed in the preceding Subparagraph shall submit a marriage certificate, a certificate of effective acknowledgement of a natural child according to ROC laws and foreign laws, or an adoption decision certifying a final decision by a judicial authority in the ROC;
  • 3. A duplicate household registration certificate shall be separately submitted for an applicant who has established a domestic domicile upon filing his/her application in accordance with Subparagraph 5 of Paragraph One or Paragraph Two of Article 11 of the Act;
  • 4. For a ROC overseas national as defined in the Proviso of Subparagraph 1, Article 12 of the Act, an identification document such as a certificate showing dates of entry and exit, a household certification transcript evidencing emigration, and overseas Chinese identification, shall be separately submitted.　

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

• A person who applies for restoration of nationality in accordance with Article 15 or 16 of the Act shall submit an application form enclosed with the following documents:
  • 1. A valid Alien Resident Certificate or Permanent Residence Certificate;
  • 2. A criminal record or other certificates issued by the government of the applicant’s original country, and a criminal record covering the period of the applicant’s stay in the ROC after loss of nationality. This Subparagraph does not apply to minors who are under fourteen years of age.
  • 3. A document certifying that the applicant possesses sufficient property or professional skills, which enable him/her to be self-reliant. A minor who applies for restoration of nationality in conjunction with the applicant is not required to do so;
  • 4. A minor shall submit a letter of consent from his/her legal guardian;
  • 5. Other related household registration or identification certificates.

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

• If a certificate of naturalization, loss or restoration of nationality is damaged or lost, a person may submit an application form enclosed with the following documents and apply for replacement or re-issuance of the certificate:
  • 1. A certificate of damage or loss of certificate. This Subparagraph does not apply to applicants who apply for re-issuance of certificates;
  • 2. Related household registration or identification certificates.
• An application as referred to in the preceding Paragraph may be filed with the MOI in lieu of the original agency or with the MOI directly. However, if the application for revocation of a certificate of loss of nationality is filed simultaneously with the application for a replacement or re-issuance of the certificate, no replacement or re-issuance is required.

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.

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Source: http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=1277&msgType=enzh:國籍法施行細則