Enforcement Rules of the Nationality Act

　　　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.