Nationality Law of the Republic of China
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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] regulates citizenship in 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.
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[edit] Citizenship
Republic of China citizenship generally follows jus sanguinis. The law spells out four criteria, any one of which may be met to qualify for citizenship:
- A person whose father or mother is, at the time of his (her) birth, a citizen of the Republic of China.
- 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.
- A person born in the territory of the Republic of China and whose parents are both unknown or are stateless.
- A naturalized person.
In the original version of the law citizenship could only be passed from father to child. However, the law was revised in 2000 to allow citizenship to be passed on from either parents, taking effect on those born after February 9, 1980 (those under age 20 at the time of the promulgation).
[edit] Comparison with other countries
[edit] Dual nationality
Article 9 requires naturalized citizens to give up their original citizenship, whereas there is no article against ROC citizens becoming dual nationals of other countries.[2] Acknowledgement of dual nationals is however seen, in e.g., Article 20, which merely restricts them from holding most public offices.
Many countries permit dual citizenship, or e.g., in the case of Japan, or the case of Singapore, do not. And for those that do not, the goal to restrict multiple allegiances is bidirectional, without the Taiwanese style distinction according to who is already a citizen.
Indeed many immigrants to Taiwan give up their original citizenship, obtain ROC citizenship, then apply again for their original citizenship -- which some countries will restore, with some requiring a waiting period first. The entire process being fully legal under Taiwanese law. Of course no statistics can be made of how many people do this.
Nonetheless, in September 2007, the United Nations High Commissioner for Refugees' magazine noted Taiwan causes thousands of stateless Vietnamese. [3]
It should also be noted that Article 9 has special flexibility built in for "cases in which responsibility for failing to [give up other citizenships] does not rest with the person": ROC citizenship is granted nonetheless.
[edit] Statistical effects
Indeed, comparing Taiwanese[4] and Western world immigration statistics (e.g., U.S.[5]), it is virtually a one way flow. You may see many western faces in Taiwan, but they are nearly certain not to have citizenship.
- See also: United_States_nationality_law#Dual_citizenship, German_nationality_law#Dual_citizenship, Koreans in Japan, and Foreign-born Japanese.
[edit] Mainland Chinese
Because the Republic of China's claim to be the sole government of China, technically most people on Mainland China are considered to be under ROC nationality law citizens of the Republic of China.
[edit] Overseas Chinese without right of abode
Citizens of the Republic of China are entitled to hold Republic of China passports. The passport is also 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.
[edit] Republic of China National Identification Card
However, in practice, exercise of other citizenship benefits, such as suffrage, labor 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. ROC nationals who do not hold household registration in Taiwan have no automatic right to stay in Taiwan. Similarly, some British passport holders do not have the right of abode in the UK. See British nationality law.
[edit] Notes
- ^ Nationality Law of the Republic of China.
- ^ Not allowed to be Taiwanese. jidanni.org. Retrieved on 2007-09-05.
- ^ UNHCR Refugees Magazine Issue 147: "The Excluded: The strange hidden world of the stateless"
- ^ Taiwan immigration statistics.
- ^ US immigration statistics.
[edit] External links
- 碩士論文:我國國籍法制與實施現況之研究 (Traditional Chinese)
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