| NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA |
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| 2003/10/24 |
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(Adopted at the Third Session of the Fifth
National People's Congress, promulgated by Order No.8
of the Chairman of the Standing Committee of the National
People's Congress on and effective as of September 10,1980)
Article 1 This Law is applicable to the
acquisition, loss and restoration of nationality of the
People's Republic of China.
Article 2
The People' Republic of China is a unitary multinational
state; persons belonging to any of the nationalities in
China shall have Chinese nationality.
Article 3 The People's Republic of
China does not recognize dual nationality for any Chinese
national.
Article 4 Any person born in
China whose parents are both Chinese nationals or one of
whose parents is a Chinese national shall have Chinese
nationality.
Article 5 Any person born
abroad whose parents are both Chinese nationals or one of
whose parents is a Chinese national shall have Chinese
nationality. But a person whose parents are both Chinese
nationals and have both settled abroad, or one of whose
parents is a Chinese national and has settled abroad, and
who has acquired foreign nationality at birth shall not have
Chinese nationality.
Article 6 Any
person born in China whose parents are stateless or of
uncertain nationality and have settled in China shall have
Chinese nationality.
Article 7 Foreign
nationals or stateless persons who are willing to abide by
China's Constitution and laws and who meet one of the
following conditions may be naturalized upon approval of
their applications: (1) they are near relatives of
Chinese nationals; (2) they have settled in China; or (3) they have other legitimate reasons.
Article 8 Any person who applies for
naturalization as a Chinese national shall acquire Chinese
nationality upon approval of his application; a person whose
application for naturalization as a Chinese national has
been approved shall not retain foreign nationality.
Article 9 Any Chinese national who has
settled abroad and who has been naturalized as a foreign
national or has acquired foreign nationality of his own free
will shall automatically lose Chinese nationality.
Article 10 Chinese nationals who meet
one of the following conditions may renounce Chinese
nationality upon approval of their applications: (1)
they are near relatives of foreign nationals; (2)
they have settled abroad; or (3) they have other
legitimate reasons.
Article 11 Any
person who applies for renunciation of Chinese nationality
shall lose Chinese nationality upon approval of his
application.
Article 12 State
functionaries and military personnel on active service shall
not renounce Chinese nationality.
Article 13 Foreign nationals who once
held Chinese nationality may apply for restoration of
Chinese nationality if they have legitimate reasons; those
whose applications for restoration of Chinese nationality
have been approved shall not retain foreign nationality.
Article 14 Persons who wish to acquire,
renounce or restore Chinese nationality, with the exception
of the cases provided for in Article 9, shall go through the
formalities of application. Applications of persons under
the age of 18 may be filed on their behalf by their parents
or other legal representatives.
Article
15 Nationality applications at home shall be handled by the
public security bureaus of the municipalities or counties
where the applicants reside; nationality applications abroad
shall be handled by China's diplomatic representative
agencies and consular offices.
Article
16 Applications for naturalization as Chinese nationals and
for renunciation or restoration of Chinese nationality are
subject to examination and approval by the Ministry of
Public Security of the People's Republic of China. The
Ministry of Public Security shall issue a certificate to any
person whose application has been approved.
Article 17 The nationality status of
persons who have acquired or lost Chinese nationality before
the promulgation of this Law shall remain valid.
Article 18 This Law shall come into
force on the day of its promulgation.
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