ENGLISH

TAIWAN CIVIL GOVERNMENT

The People of Taiwan Citizenship Rights Act

2011.03.11 Joint Promulgation
2011.08.01 Enforcement           
2013.08.09 Amendment            

Section 1. (Legal Foundation of this Act)

(1) According to the Law of Nations, the Laws of War, the U.S. Supreme Court verdicts in the cases of Neely v. Henkel, 180 U.S. 109 (1901) and Downes v. Bidwell, 182 U.S. 244 (1901), and the San Francisco Peace Treaty (SFPT), the U.S. is designated as the principal occupying power; during the period of jurisdiction of the United States Military Government (USMG) over Taiwan, pursuant to the Universal Declaration of Human Rights, the acquisition, loss, restoration, and revocation of the status of Taiwan citizen and Taiwan resident within Taiwan shall be subject to the provisions of this Act.

(2) The aforementioned jurisdiction period of the USMG is held to commence from September 2, 1945 when General Order No. 1 was issued by Gen. Douglas MacArthur, the Supreme Commander for the Allied Powers, ordering the Japanese troops within Formosa to surrender to Generalissimo Chiang Kai-shek. According to the decision in Cross v. Harrison, 57 U.S. 164 (1853), the jurisdiction of USMG over Taiwan shall continue until terminated by a declaration of the U.S. Commander in Chief.
Section 2. (Definitions of Terms)

The definition of specific terms as used in this Act are as given below:
(A) People on Taiwan: refers to any individual having a domicile in Taiwan upon the effectiveness of this Act;
(B) Resident on Taiwan: refers to any individual having a household registry upon the effectiveness of this Act;
(C) Taiwanese: refers to any individual as indicated in Subparagraph (A) of Paragraph (1) of Section 3 in this Act;
(D) Overseas Taiwanese: refers to any Taiwanese residing in any foreign country or region outside Taiwan;
(E) American: refers to any individual bearing American citizen passport or American national passport;
(F) Japanese: refers to any individual bearing Japanese passport;
(G) Foreign national: refers to any individual who does not qualify as Taiwan citizen, regardless whether said individual bears identification documents issued by a country, a local government, an international entity, a government in exile, or the United Nations;
(H) Country: refers to any “independent state” as listed in the official website of the U.S. State Department;
(I) Stateless Person: refers to any individual that is unable to acquire or possess the citizenship/national identification documents of any country;
(J) Resident: refers to any foreign national who possesses a Taiwan resident visa and having a place of domicile in Taiwan;
(K) Visitor: refers to a foreign national who possesses a Taiwan visitor visa;
(L) Contract worker: refers to any foreigner or stateless person engages in the following work categories: (i) as a crew in a merchant ship, working vessel and other seafaring vessels duly authorized by the relevant competent authority; (ii) marine fishing operations; (iii) as domestic help; (iv) work in factories; (v) important infrastructure projects or other socio-economic development related projects within Taiwan; (vi) religious work; (vii) other job categories as specified by the Ministry of Legal Affairs.
Section 3. (Definition of Taiwan Citizens)

(1) The following individuals are defined as Taiwan citizens:
(A) Upon the signing of the surrender documents by the Emperor of Great Japan on September 2, 1945, all people of Taiwan bearing household registration in Taiwan under the governance of Great Empire of Japan and their descendants continuing to possess household registration in Taiwan up to the present are defined as Taiwan citizens. As well as those people who were expelled to Japan by Allied Forces after Pacific War, and their descendants are now in Taiwan without household registration shall be defined as Taiwan citizens;
(B) Any individual acquiring Taiwan citizenship under other provisions of this Act;
(C) Descendants of the Taiwan citizens having household registration in Taiwan as defined in the preceding Subparagraphs (A) and (B) are defined as Taiwan citizens.

(2) Upon reaching the age of eighteen, a Taiwan citizen is entitled to various citizenship rights such as voting in an election, impeachment, referendum, etc.
Section 4. (Acquisition of Taiwan Resident Status)

(1) A Taiwan resident shall be issued with a Taiwan resident identification card by the Ministry of Legal Affairs. The duration of these peoples’ residence under the period of USMG jurisdiction shall be as determined by the Ministry of Legal Affairs in consultation with USMG.

(2) All applications for a Taiwan resident identification card shall be processed within Taiwan only.
Section 5. (Humanitarian and Legal Considerations – the first ground for recognition as Taiwan Citizen under this Act)

Although failing to meet the essential qualifications outlined in the Subparagraphs under Section 8 Paragraph (1), the following, if not possessing any record of disallowed conduct, may apply for Taiwan citizenship. Following due processing and approval of said applications, said individuals shall take an oath to abide by the legal system of Taiwan and support the development of democracy, and thereupon officially become Taiwan citizens:
(A) Overseas Taiwanese;
(B) Applicant has a household registration in Taiwan but only one parent is a Taiwanese;
(C) An American or Japanese, or a person originally having such citizenship or nationality, having domicile in Taiwan and having legal residency in Taiwan for at least 183 days a year for a minimum of three consecutive years after USMG delegates the administrative, legislative, and judicial power over Taiwan to the Taiwan Civil Government via formal authorization.
Section 6. (Special Contribution – the second ground for recognition as Taiwan Citizen under this Act)

(1) Although failing to meet the essential qualifications outlined in the Subparagraphs under Section 8 Paragraph (1), the following individuals, if not possessing any record of disallowed conduct, may apply for Taiwan citizenship. Following due processing and approval of said applications, said individuals shall take an oath to abide by the legal system of Taiwan and support the development of democracy, and thereupon officially become Taiwan citizens:
(A) Individuals having made outstanding contributions to the development or liberalization of the security, economy, environment, agriculture, foreign trade, medicine, science, arts, sports, engineering, local ethnic culture, education, religion, or other fields in Taiwan;
(B) Individuals who, prior to the effectiveness of this Act, having participated in the seminars organized by the Taiwan Civil Government (TCG), taken the related examinations and acquired the relevant certification, and having assisted in the campaign for the establishment of the Taiwan Civil Government;
(C) Individuals having performed acts similar to the ones outlined in the preceding two Subparagraphs, and having obtained the approval from the Ministry of Legal Affairs.

(2) The important affairs or matters referred to in the preceding Paragraph shall be as defined by the Ministry of Legal Affairs.

(3) Individuals acquiring Taiwan citizenship under Paragraph (1) shall not be subject to the restrictions of Section 14 of this Act.
Section 7. (Humanitarian Considerations – the third ground for recognition as Taiwan Citizen under this Act)

Although failing to meet the essential qualifications outlined in the Subparagraphs under Section 8 Paragraph (1), and having no household registration in Taiwan, the following individuals with a domicile in Taiwan may apply for Taiwan citizenship, by following due processing and approval of said applications, said individuals, either personally or through an agent or a guardian, taking an oath to abide by the legal system of Taiwan and support the development of democracy, and thereupon becoming official Taiwan citizens:
(A) Individuals with physical or mental disability are unable to take care of themselves independently, and born in Taiwan whose biological parents are unknown or whose biological parents are stateless;
(B) Individuals whose circumstances are similar to those stated in the preceding Subparagraph and whose application has been approved under the special consideration of the Ministry of Legal Affairs.
Section 8. (General Taiwan Citizenship Applicant Qualifications – the fourth ground for recognition as Taiwan Citizen under this Act)

(1) A foreign national or a stateless individual, except for those contract workers, currently having a domicile in Taiwan and possessing the following essential qualifications may apply for Taiwan citizenship and become a Taiwan citizen:
(A) After USMG delegates the administrative, legislative, and judicial power over Taiwan to the Taiwan Civil Government via formal authorization, having maintained legal residency within Taiwan for at least 183 days a year for a minimum of six consecutive years;
(B) Being above the age of eighteen, possessing legal capacity under the laws of the Taiwan Civil Government and as defined in his/her national laws, or the international laws;
(C) Possessing upright, decent conduct, positive mentality, and without any record of disallowed conduct;
(D) Possessing adequate property or professional skills capable of self-independence, or ensuring his/her livelihood;
(E) Able to communicate adequately in Taiwanese and English, Japanese, or Chinese and possessing the basic knowledge of a citizen, such as Taiwan history, and geography, etc.

(2) In regard to the basic language skills, basic knowledge of Taiwan history and geography prescribed in Subparagraph (E) of the preceding Paragraph, the determination, testing, test exemption, and related fees of or other standards to be observed shall be defined by the Ministry of Legal Affairs and forwarded to the TCG State Department for ratification.
Section 9. (Birth to Parents that are not Taiwanese but possess Household Registration in Taiwan – the fifth ground for recognition as Taiwan Citizen under this Act)

(1) Individuals whose parents are not Taiwan citizens but have household registration in Taiwan and are holders of Taiwan resident visas, residency periods of which are as defined in Section 4 of this Act, and who possess no record of disallowed conduct, after a general election of the House and Senate of the Congress, may apply for Taiwan citizenship under the provisions of Section 8 and become Taiwan citizens.

(2) Where the aforementioned application is denied, such shall not affect the period of residency of the individuals; however, where applications were filed under the provisions of Section 3 Paragraph (1) Subparagraph (B) of this Act were denied, the Ministry of Legal Affairs may upon its discretion render the following dispositions:
(A) Continue to extend resident visas with a validity period of three years or less, or demand the voluntary departure of such individuals from Taiwan within a grace period of sixty days;
(B) Institute other appropriate action on the matter.

(3) Prior to the effectiveness of this Act, a Taiwanese having a household registration in Taiwan who, although eligible for Taiwan citizenship, nevertheless expresses an unwillingness to acquire Taiwan citizenship, may submit a Declaration of Allegiance to the “Republic of China” or Other Third Country to the competent authority; whereupon, the resident visa of said individual shall be processed according to the latter part of the preceding Paragraph.
Section 10. (Special Qualifications for Taiwan Citizenship – the sixth ground for recognition as Taiwan Citizen under this Act)

(1) A foreign national or a stateless individual currently having a domicile in Taiwan, possessing the essential qualifications defined in Subparagraphs (B) to (E) of Section 8 Paragraph (1), maintaining legal residency within Taiwan for at least 183 days a year for a minimum of three consecutive years after USMG delegates the administrative, legislative, and judicial power over Taiwan to the Taiwan Civil Government via formal authorization, and meeting any of the following provisions, may apply for Taiwan citizenship and become a Taiwan citizen:
(A) Spouse of a Taiwan citizen;
(B) Adopted child of a Taiwan citizen.

(2) An individual who, upon acquiring the Taiwan citizenship pursuant to the preceding Paragraph, has a record of disallowed conduct and continues to violate the relevant regulations after a written warning notice is issued may be deprived of his/her Taiwan citizenship by the Ministry of Legal Affairs.
Section 11. (Qualifications for Minor Child(ren) of a Taiwan Citizen or Resident)

(1) A minor, unmarried child of a Taiwan citizen may apply for Taiwan citizenship pursuant to his/her parent’s citizenship and become a Taiwan citizen.

(2) A minor, unmarried child of a Taiwan resident may apply for Taiwan resident status pursuant to his/her parent’s resident status and become a Taiwan resident.
Section 12. (The Oath-taking Obligation and the Oath-taking Procedure)

(1) An individual naturally acquiring Taiwan citizenship under the provisions of Section 3 Paragraph (1) Subparagraph (A) shall take an oath to abide by the legal system of Taiwan and support the development of democracy, whereupon, the Ministry of Legal Affairs shall report his/her status to the TCG State Department for announcement in the TCG State Department Bulletin or official website. The individual shall officially become a Taiwan citizen upon such announcement.

(2) Where an individual acquires Taiwan citizenship pursuant to the provisions of Section 3 Paragraph (1) Subparagraph (B) possessing no record of disallowed conduct and has taken an oath to abide by the legal system of Taiwan and support the development of democracy after approval of their application, the Ministry of Legal Affairs shall report his/her status to the TCG State Department for announcement in the TCG State Department Bulletin or official website. The individual shall officially become a Taiwan citizen upon such announcement.

(3) An individual whose Taiwan citizenship is granted pursuant to the preceding two Paragraphs and is above the age of fourteen shall be obliged to take an oath. The oath-taking procedure, method, and content of the relevant documentation shall be as determined by the Ministry of Legal Affairs.
Section 13. (Limitations and Incentives for Resident and Other Visas)

(1) In regard to applications pursuant to Section 3 Paragraph (1) Subparagraph (B), the Ministry of Legal Affairs shall refer to the demographic policies of the Taiwan Civil Government and may define the respective types and quotas of visitor visas and resident visas, including contract workers, based on year, national origin, educational attainment, expertise, type of application, or other factors pertaining thereto. Additionally, the Ministry may establish Taiwan residency incentives for foreign nationals who have completed a minimum of one year residency in Taiwan.

(2) All matters regarding the types and quotas for visitor visas or resident visas, or the relevant incentive measures as outlined in the preceding Paragraph shall be determined by the Ministry of Legal Affairs.
Section 14. (Public Office Limitations for Individuals Acquiring Taiwan Citizenship Status by Application)

(1) Individuals acquiring Taiwan citizenship under the provisions of Section 3 Paragraph (1) Subparagraph (B) of this Act shall not be eligible for the following public offices; the same restrictions shall apply in the event of the merger or the name/title change of the relevant government agency or office:
(A) The Chairman, the Vice Chairman, or the Prime Minister;
(B) Election to a seat in public representative institutions such as the House or Senate of the Congress whether at the Central Government or local government level;
(C) A career public office or civil service position in a foundation, association, or other entities established through the financial contributions of central or local governments, or through fund allocations from the national treasury, other state-owned corporations, government agencies, or other organizations where revenues and expenditures are subjected to government audit;
(D) Judge, public prosecutor, judicial police officer, or judicial police;
(E) Other positions as specified by the Ministry of Legal Affairs.

(2) The limitations in the preceding Paragraph shall automatically expire ten years after the validity date of the individual’s acquirement of Taiwan citizenship.
Section 15. (Circumstances under which Taiwan Citizenship may be Lost/Withdrawn)

(1) Under the laws of the Taiwan Civil Government, a Taiwan citizen at the age of eighteen may exercise his/her legal capacity and voluntarily acquire a foreign citizenship, and where the citizenship laws of said country mandate a single citizenship policy, the individual may process a renouncement of Taiwan citizenship with the approval by the Ministry of Legal Affairs. A citizen is entitled to complete this procedure once only.

(2) The minor children of a Taiwan citizen renouncing citizenship status under the preceding Paragraph shall likewise be granted the loss of their Taiwan citizenship upon the approval of the Ministry of Legal Affairs.
Section 16. (Circumstances under which the Loss of Taiwan Citizenship may not be Granted)

Where an individual processing renunciation of Taiwan citizenship under the preceding Section shall become a stateless person after cancellation of his/her citizenship, the Ministry of Legal Affairs shall neither approve the application for renunciation of Taiwan citizenship, nor cancel the approval of any application for Taiwan citizenship.
Section 17. (Exceptions to the Taiwan Citizenship Renunciation Procedure)

Under any of the following circumstances, although an individual meets the conditions outlined in Section 15, the Taiwan citizenship renunciation application of said individual shall not be granted:
(A) Individual is a defendant in a criminal case under investigation or litigation;
(B) Individual has been adjudicated to serve a prison sentence, and the prison term has not yet been completed;
(C) Individual is a defendant in a civil case;
(D) Individual is a subject of a court order for compulsory enforcement, and such order has not been fully executed;
(E) Individual has declared bankruptcy or been declared insolvent and his/her rights have not been restored;
(F) Individual has an outstanding tax liability or tax penalty fines awaiting payment;
(G) Individual has unfulfilled alimony obligations.
Section 18. (Restoration of Lost Taiwan Citizenship)

An individual who has lost his/her Taiwan citizenship under the provisions of Section 15 but maintains a domicile within Taiwan may apply for the restoration of his/her lost Taiwan citizenship providing that individual possesses the essential qualifications outlined in Section 8 Paragraph (1) Subparagraphs (C) and (D).
Section 19. (Restoration of the Citizenship of Minor Children)

The restoration of the Taiwan citizenship of minor children may be applied for in accompaniment with the Taiwan citizenship restoration procedures for his/her parent.
Section 20. (Competent Processing Authority for Citizenship Restoration and Valid Restoration Date)

Applications for Taiwan citizenship restoration pursuant to the provisions of the preceding two Sections shall be filed with the Ministry of Legal Affairs; the citizenship restoration shall take effect upon announcement in the TCG State Department Bulletin or official website.
Section 21. (Confirmation of the Taiwan Citizenship Recognition)

(1) Individuals acquiring Taiwan citizenship under the provisions of Section 3 Paragraph (1) Subparagraph (B) of this Act are required to process a new household registration. Individuals acquiring Taiwan citizenship but having no household registration in Taiwan are required to process initial household registration.

(2) Applications for Taiwan citizenship shall be processed within Taiwan only.
Section 22. (Cancellation/Withdrawal of the Acquirement, Restoration or Renunciation of Taiwan Citizenship or Taiwan Resident Status)

Under the following circumstances, where an individual is found actually to be in violation of the provisions of this Act within five years after the processing of an application under such provisions, his/her status shall be cancelled/withdrawn:
(A) An individual having acquired, renounced, or restored the status of Taiwan citizenship;
(B) An individual having acquired the status of Taiwan resident.
Section 23. (Violation of the Public Office Limitation Provisions of Section 14)

(1) An individual possessing no Taiwan citizenship or a Taiwan citizen violating the provisions of Section 14 who has assumed public office shall be dismissed from his/her position by the government agency/organization, foundation, association, business organization where the individual works, or by the higher level competent authority. Notwithstanding the foregoing, the restrictions shall not apply where public office is assumed with full authorization of the respective competent authority in the following categories of employment:
(A) A career position in a government-financed (at least 51%) business enterprise or group;
(B) A position in a government agency of a specific contractual term.

(2) The positions in the preceding Paragraph shall be limited to those positions not engage in any endeavors and or responsibilities involving classified information related to Taiwan, as determined and approved by the Ministry of Legal Affairs.

(3) Where a Taiwan citizen possessing a foreign citizenship intends to assume a career public office or civil service position as a Taiwan citizen under the provisions of this Section, the citizen shall be required to renounce his/her foreign citizenship prior to his/her reporting for duty. Specifically, the citizen shall process the official renunciation of his/her foreign citizenship and obtain the relevant certification as proof.

(4) Where an individual is dismissed from his/her position under the provisions of Paragraph (1) of this Section, the Ministry of Legal Affairs is entitled to recover the salary already paid to the individual plus 5% annual interest, to be accrued from beginning of the designated “hand-over” date of his/her position. Such a “hand-over” date may be one-month, or some other period, as stipulated by the relevant authority, after the effective date of this Act. In the event the individual fails or refuses to return the foregoing monetary amount, the Ministry of Legal Affairs shall transfer the case to the Administrative Enforcement Agency for enforcement.
Section 24. (Application Fees)

The Ministry of Legal Affairs, under the provisions of this Act, is entitled to collect documentation charges for processing the application forms and the issuance of the relevant certificates, cards, or documents. The standard of applicable fees shall be determined by the Ministry of Legal Affairs.
Section 25. (Incentives and Other Measures)

In an effort to promote the early applications of identification certificate or document as prescribed herein, the Ministry of Legal Affairs may offer incentives to people residing within Taiwan applying for either residency or citizenship status under provisions of this Act. The Ministry may instruct the respective local household registration offices or other equivalent institutions to promote or otherwise disseminate the relevant information to the people residing within Taiwan.
Section 26. (Inspections of the Ministry of Legal Affairs)

(1) The Ministry of Legal Affairs and the competent authority accepting applications for visitation or residence in Taiwan or Taiwan citizenship acquirement may, as circumstances require, assign an inspector to consult with or interview the applicant in his/her domicile in Taiwan.

(2) The aforementioned consultation or interview should be properly recorded in a report.

(3) A written notice shall be issued prior to the undertaking of the consultation and/or interview referred in the Paragraph (1). The subject of interview is not entitled to evade, obstruct, or resist the interview without reasonable causes. If the subject shall remain uncooperative after receiving a warning letter, the Ministry of Legal Affairs may impose a fine amounting to a maximum of Ten Thousand U.S. Dollars.
Section 27. (Designation of an English or Japanese Name on Certificates)

The respective identification or status certificates as regulated in this Act shall bear the full Chinese name and an accompanying English or Japanese name of the individual.
Section 28. (Competent Authority)

(1) The competent authority to enforce this Act is the Ministry of Legal Affairs of the Taiwan Civil Government; all matters and operations shall be subject to the jurisdiction of the Minister of Legal Affairs.

(2) The Ministry of Legal Affairs shall establish the organizational structure and responsibilities of each respective position in the Ministry of Legal Affairs, and thereafter forward the information for the evaluation and approval of the TCG State Department. Subsequently, the information shall be forwarded to the Chairman for announcement in the TCG State Department Bulletin or official website. The establishment of the organizational structure and responsibilities shall become official upon such announcement. The same procedures shall be followed in the event of amendments.
Section 29. (Principles Governing the Budget Allocation of the Competent Authority)

(1) Effective from the next year after USMG delegates the administrative, legislative, and judicial power over Taiwan to the Taiwan Civil Government via formal authorization, the Ministry of Legal Affairs and the respective competent authorities under its jurisdiction shall arrange the budget allocation schedule of the respective government agencies according to the cost-benefit ratio and submit the proposed budget schedule to the House and Senate of the Congress for evaluation; provided that, it shall not be undertaken in case that any budget expenditure where the cost-benefit ratio is less than 1.

(2) In the assessment of the cost-benefit ratio, the maximum limit for the non-specific benefits shall not exceed 30% of the total overall benefit. The TCG State Department may conduct a review and adjustment of the budget allocation schedule every two years.

(3) Where, in the interest of the nation and/or the public welfare, moreover with special consideration of the categories and scope of a particular budget expenditure plan, the application of the cost-benefit ratio assessment standard as stipulated in the PROVISO in Paragraph (1) is not suitable, the TCG State Department may define the budget allocation schedule and submit it to the House and Senate of the Congress for review. The same procedure shall apply for budget schedule amendments.
Section 30. (Punishment of False Statements made in the Congress)

(1) Where any individual, whether or not having signed an affidavit or having taken an oath, is found to have made false or inaccurate declarations or disclosures to the various committees, plenary sessions or the like of the House or Senate of the Congress on matters of significance defined in this Act, shall be subject to a prison sentence with a maximum prison term of three years and/or a penalty fine of a maximum of One Hundred Thousand U.S. Dollars.

(2) The Speakers of the House or Senate of the Congress may report such matter to the Prosecutors Office for legal action.
Section 31. (Legal Recognition of Taiwan Citizen Rights)

(1) The Taiwan citizenship regulations of this Act are qualification requirements. A qualified individual is still required to process the relevant application procedures with the local household registration office pursuant to the provisions of the Household Registration Act and this Act in order to process issuance of his/her Taiwan citizen identification card; thereafter, citizen may commence to exercise his/her civil rights in Taiwan.

(2) The Taiwan resident related regulations of this Act are qualification requirements. A qualified individual is still required to process issuance of his/her Taiwan resident identification card under the provisions of this Act before the individual may exercise his/her residency rights as appropriate to his/her resident visa.

(3) The competent authorities in other fields may not hold contrary opinions regarding the issuance and usage of the identification cards as mentioned in the preceding two Paragraphs.

(4) A descendant of Taiwanese, as defined in Section 3 Paragraph (1) Subparagraph (A), may process the Taiwan citizenship certification for his/her deceased lineal relative upon presentation of the supporting evidence of the lineal relative’s contribution to Taiwan society. A certification shall be issued to the descendant upon due evaluation and approval of the Ministry of Legal Affairs.
Section 32. (Continuity of the Household Registration System)

The household registration system referred in this Act was established initially during the period of Japanese governance, and remained in effect and in use under the administration of the exiled Chinese colonial regime. This household registration system shall continue to be used during the period of USMG jurisdiction.
Section 33. (Complaint Processing Center)

(1) The Ministry of Legal Affairs shall establish a review committee for the processing of all matters related to its scope of operations, which may be called the Complaint Processing Center for short, to handle any complaints or appeals pertaining to the provisions of this Act and the interpretation of said provisions. The decisions of said committee shall have binding power over all agencies and offices of the executive and judicial branches of the government.

(2) Appeals contesting the administrative decisions referred to in the preceding Paragraph should be filed with the Ministry of Legal Affairs within 30 days after the delivery or public announcement of the administrative decision in question.

(3) The Ministry of Legal Affairs shall announce the organizational structure and responsibilities of the aforementioned Complaint Processing Center.
Section 34. (Definition, Interpretation, and Validity)

(1) In the event of disputes pertaining to the definition of the legal terms or concepts mentioned in this Act or its Enforcement Rules, a request for interpretation may be filed with the Complaint Processing Center.

(2) The application procedure and processing of the interpretation request shall be as defined and announced by the Ministry of Legal Affairs.

(3) A request for interpretation does not constitute an administrative disciplinary action and thus may not be the subject of a legal petition or administrative litigation.
Section 35. (Scope of Application of this Act)

The geographical scope of Taiwan referred in this Act shall be based on the territorial limits outlined in the SFPT which came into force on April 28, 1952.
Section 36. (Type I Amnesty Application)

(1) An individual, possessing any of the following statuses, may apply to process an Overstay Amnesty and apply for a new visitor visa with the Ministry of Legal Affairs before the time limit specified by the Ministry of Legal Affairs:
(A) A stateless person who is overstaying in Taiwan on an expired visitor or resident visa, providing that said person had entered Taiwan prior to the effective date of this Act;
(B) A foreign national who is overstaying in Taiwan on an expired visitor or resident visa, possessing the citizenship or nationality of a signatory state of the SFPT, providing that said foreign national had entered Taiwan prior to the effective date of this Act;
(C) Other related or similar circumstances.

(2) The details regarding the recognition of the circumstances outlined in the preceding Subparagraphs are subject to the deliberation and decision of the Ministry of Legal Affairs and the TCG State Department jointly.
Section 37. (Type II Amnesty Application)

(1) Individuals meeting the circumstances provided for in the preceding Section and having committed the following violations, who voluntarily surrender to the competent authorities may apply for an Overstay Amnesty with the Ministry of Legal Affairs and apply for a new visitor visa:
(A) Applied for entry into Taiwan with illegally obtained, forged, or illicit credentials or certificates;
(B) Applied for entry into Taiwan under a false name or identity;
(C) Entered Taiwan without legitimate documentation.

(2) Where the amnesty is granted to individuals pursuant to the preceding specifications, the acts (such as overstaying, expired resident visa, or others) for which amnesty was granted shall be excluded from the record of disallowed conduct.
Section 38. (Benefits of the Amnesty)

(1) An individual who has processed and obtained the Overstay Amnesty and a visitor visa from the Ministry of Legal Affairs under the provisions of the two preceding Sections and resided in Taiwan for a full year may apply for another year extension of his/her visa, if not possessing any record of disallowed conduct.

(2) Moreover, upon the termination of the visa extension stated in the preceding Paragraph, an individual who continues to maintain a record of no disallowed conduct may apply for a three-year resident visa. Said visa may be extended for another three years upon imminent expiration providing the individual continues to maintain a record of no disallowed conduct; thereafter, the individual who still possesses a record of no disallowed conduct may apply for a long-term resident visa and process his/her application for a Taiwan resident identification card.
Section 39. (Record of Disallowed Conduct and its Effect)

(1) Unless otherwise provided in this Act, the term record of disallowed conduct shall include/indicate the following:
(A) Having overstayed in Taiwan on an expired visitor or resident visa within the past five years;
(B) Having been sentenced to a prison term of at least six months during the past five years when no probation sentence was granted;
(C) Having committed violations against the Laws of War;
(D) Having occupied or used, singly or jointly, the following types of properties:
(i) State or public properties; or other properties intended for public use or the public welfare;
(ii) Japanese properties or political party properties;
(E) Having uttered statements detrimental to interests of the People on Taiwan or the interests of Taiwan; having committed actions unfriendly to Taiwan;
(F) Other items as regulated or announced by the Ministry of Legal Affairs after a decision made in conjunction with the TCG State Department.

(2) An individual who, upon acquiring the Taiwan citizenship pursuant to Section 3 Paragraph (1) Subparagraph (B) but engages in disallowed conduct and continues to violate the relevant regulations after a written warning notice is issued may be deprived of his/her Taiwan citizenship by the Ministry of Legal Affairs.
Section 40. (Effect of Enforcement and Regulations of this Act)

(1) The provisions of Chapter 3 of the Immigration Act, “Visits, Residence, and Registered Permanent Residence of Nationals without Household Registration in the Taiwan Area” promulgated by the exiled Chinese colonial regime shall be abolished upon the effective date that USMG delegates the administrative, legislative, and judicial power over Taiwan to the Taiwan Civil Government via formal authorization.

(2) The competent authorities for applications involving Taiwan immigration matters shall be as designated in the Issuing Offices for Official Identification Documentation schedule of the Ministry of Legal Affairs.
Section 41. (Drafting and Amendment of this Act)

The drafting of this Act shall be subject to the deliberation of the Ministry of Legal Affairs and the TCG State Department; thereafter the proposed bill shall be submitted to the Senate of the Congress for reading and ratification. The ratified bill shall then be forwarded to the Chairman for announcement in the TCG State Department Bulletin or official website. This Act shall take effect upon such announcement. The same procedures shall apply for amendments.
Section 42. (Recognition of Taiwan Citizenship)

The standards used by the respective agencies of the Taiwan Civil Government for recognizing Taiwan citizenship status cannot come in conflict with this Act, or any of its subsidiary regulations, otherwise such standards shall be invalid.
Section 43. (Punitive Action and Police Force Deployment)

(1) An individual submitting forgeries or illicit documents for filing applications under this Act shall be sentenced to a prison term of a maximum of three years or fined for a maximum of Ten Thousand U.S. Dollars.

(2) A government employee violating the preceding Paragraph shall be sentenced to a prison term of a maximum of five years and/or fined for a maximum of One Hundred Thousand U.S. Dollars.

(3) After the time limit specified by the Ministry of Legal Affairs for an Overstay Amnesty, any individual found to be overstaying on an expired resident or visitor visa without valid reason shall be fined for a maximum of Ten Thousand U.S. Dollars; the fine may be reduced by half for voluntary surrender. The Ministry of Legal Affairs shall separately announce a table of relevant fines regarding such cases. The same shall apply for violations of Section 26.

(4) Fines and penalties imposed under this Act shall be assessed in U.S. Dollars. But they may be converted into New Taiwan Dollars for payment before the implementation of a new currency policy. The conversion rate shall be based on the official rate of the Central Bank on the date of payment.

(5) The necessary police forces shall be allocated to aid the Ministry of Legal Affairs in order to exercise its power orders given by this Act. The police force of the Ministry of Legal Affairs shall be endowed with the related rights and obligations provided in the Code of Criminal Procedure. The Ministry of Legal Affairs shall define the organizational structure and responsibilities of said police force.
Section 44. (The Enforcement Rules Formulated Separately)

The Enforcement Rules for this Act, and other authorized regulations directly involving the civil rights and obligations of the populace, are subject to the discretion of the Ministry of Legal Affairs. After formulation, they shall be forwarded to the TCG State Department to take effect upon its promulgation on the TCG State Department Bulletin or its official website. The same shall apply for amendments thereto.
Section 45. (Date of Enforcement and Date of Document Issuance/Commencement)

(1) The Ministry of Legal Affairs shall determine a date for the effective date of this Act, and present it to the TCG State Department for forwarding to the Chairman to announce in the TCG State Department Bulletin or its official website.

(2) As for the various identification card applications filed by the People on Taiwan under this Act, the earliest date of issuance shall be announced by the Ministry of Legal Affairs.

(3) Before the end of the USMG occupation, the duty of the Prime Minister is acted by the Chairman.
Section 46. (Supremacy of this Act)

The provisions of this Act shall prevail, in case of inconsistency with other laws, administrative orders and regulations.
Section 47. (This Act to be available in Three Languages)

This Act shall be in the Chinese, Japanese, and English languages. In case of any divergence of interpretation, the Chinese text shall prevail.

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台灣民政府 中央會館 Central Government Headquarters
新竹州桃園郡33391龜山鄉員林坑路100-1號  (03) 355-6363
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