| Legislative： |
1.Promulgated by Order of OCAC No.Chiao-Cheng-Yi-092301146911 dated
March 26, 2003.
2.Amended by Order of OCAC No.Chiao-Cheng-Fu-09330340061 dated
July 28,2004.
3.The amended Articles 2,6,8,9,17,18,20,and 21 as well as Article 13-1
were promulgated by Order of OCAC Chiao-Zong-Cheng No.10507006511
on June 23,2016.
4.The amended Article 10 was promulgated by Order of OCAC Chiao-Zong-Cheng
No.10607012401on October 23, 2017.
5.The amended Article 11 was promulgated by Order of OCAC Chiao-Zong-Cheng
No.10907017681 on December 14,2020. |
| Content： |
Article 1
The Enforcement Rules are issued pursuant to Article 16 of the Overseas
Compatriot Identity Certification Act (hereinafter referred to as the
“Act”).
Article 2
“Overseas Compatriot Identity Endorsement” referred to in the Act
means an Overseas Compatriot Identity Endorsement issued in respect
of a passport pursuant to Article 10 of the Act and Article 16 of the
Enforcement Rules of Passport Act.
Article 3
“Residing overseas” referred to in the Act means residing in countries
or regions other than the Taiwan, Mainland China, Hong Kong and Macau.
Article 4
The permanent residency at the place of residence overseas may be
recognized by the competent authority, as referred to in Item 1,
Subparagraph 1, Paragraph 1, Article 4 of the Act, based on a valid
passport issued by the place of residence overseas, a permanent
residency visa, a nationality certificate, or other proof documentations
recognized by the competent authority.
The competent authority may refuse to recognize documents prescribed
in the preceding paragraph if the applicant does not have permanent
residency according to the laws of the place of residence overseas.
Article 5
“Eligible for further extension of residency” referred to in Item 1,
Subparagraph 2 and Subparagraph 3, Paragraph 1, Article 4 of the Act
shall be determined in accordance with the laws and regulations of
the place of residence overseas.
Article 6
“Accumulating residence overseas for at least four years” as stipulated
in Item 2, Subparagraph 1 and Item 2, Subparagraph 2, Paragraph 1, Article 4
of the Act means that the applicant’s overseas residence must total 1,460
days or more, including the days of exit and entry.
“Accumulating residence overseas for at least eight months of each year
in the past two years at the place of residence overseas” as stipulated
in Item 3, Subparagraph 1 and Item 3, Subparagraph 2, Paragraph 1, Article 4
of the Act means that the applicant’s overseas residence must total 240
days or more each year in the past two years, including the days of entry
into and exit from the place of overseas residence.
For applicants who have resumed nationality of the Republic of China , TAIWAN
(hereinafter referred to as the “ R.O.C. (TAIWAN)”), the calculations of
the residence period abroad or in the place of residence overseas as stipulated
in Article 4 of the Act are as follows:
1.“Accumulating residence overseas for at least four years” as stipulated
in Item 2, Subparagraph 1 and Item 2, Subparagraph 2, Paragraph 1, Article 4
of the Act does not include the period when the applicant has lost the
R.O.C. (TAIWAN) nationality.
2.“Continuously residing in the place of residence overseas for six months”
as stipulated in Item 3, Subparagraph 1 and Item 3, Subparagraph 2, Paragraph 1,
Article 4 of the Act is calculated from the date when the applicant has resumed
the R.O.C. (TAIWAN) nationality; however, for those who had lived continuously
in their place of residence overseas for six months before loss of the R.O.C.
(TAIWAN) nationality, the period remains to be counted.
3.“Accumulating residence overseas for at least eight months of each year
in the past two years at the place of residence overseas” as stipulated in
Item 3, Subparagraph 1 and Item 3, Subparagraph 2, Paragraph 1, Article 4 of
the Act is calculated from the date the applicant resumes the R.O.C. (TAIWAN)
nationality.
Article 7
“Legally residing in the place of residence overseas for ten consecutive
years and legally employed in the place of residence overseas for at least
four years” referred to in Subparagraph 3, Paragraph 1, Article 4 of the Act,
is recognized based on the applicant’s legal residence status for a continuous
period of ten years in one or more countries or regions, and the applicant’s
legal work residence status within the same place of residence overseas in the
last four years.
Article 8
The term “males who have not completed compulsory military service of
conscription age or are close to conscription age,” as stipulated in
Paragraph 3, Article 4 and Paragraph 1, Article 10 of the Act, refers
to males who have had household registration in the R.O.C. (TAIWAN)”
and are between January 1 of the year of age sixteen and December 31 of
the year of age eighteen for those approaching conscription age, and
between January 1 of the year of age nineteen and December 31 of the
year of age thirty six for those of conscription age, who have not
fulfilled or been exempted from their compulsory military service.
Article 9
“Personal Identification Document” in Subparagraph 2, Paragraph 1,
Article 5 of the Act refers to the R.O.C. (TAIWAN) National Identification
(ID) card, Passport, Resident Certificate or other identity document with
photograph from the R.O.C. (TAIWAN) or other countries that is sufficient
to prove identity.
Article 10
“Proof of the R.O.C. (TAIWAN) nationality” referred to in Subparagraph 5,
Paragraph 1, Article 5 of the Act means any of the following documents:
1.Household Registration Information;
2.National ID Card;
3.Passport;
4.Nationality Certificate;
5.Overseas Compatriot Registry Certificate;
6.Overseas Compatriot Identity Certificate, but not including those issued
by the competent authority based on the Certificate of Chinese Ethnicity;
7.Certificate of one of the applicant’s parents holding the R.O.C. (TAIWAN)
Nationality and the applicant’s birth certificate;
8.Certificate of Naturalization;
9.Other documents of proof recognized by the Ministry of the Interior
(hereinafter referred to as the “MOI”).
Article 11
The “Certificate of Chinese Ethnicity” referred to in the Act means an
identification document indicating the applicant’s ethnicity as Chinese,
or a certificate of Chinese ethnicity issued by the R.O.C. (TAIWAN) embassies,
consulates, representative offices, offices, or other agencies authorized by
the Ministry of Foreign Affairs (hereinafter referred to as the “Embassies
and Missions abroad” ).
Article 12
A person who is issued with an Overseas Compatriot Identity Certificate,
and who wishes to reapply for such Certificate or apply for an Overseas
Compatriot Identity Endorsement in respect of his/her passport is exempt
from producing documents of proof stipulated in Subparagraphs 4 and 5,
Paragraph 1, Article 5 of the Act.
Article 13
Applications for an Overseas Compatriot Identity Endorsement within the
R.O.C. (TAIWAN) pursuant to Paragraph 1, Article 10 of the Act shall be
lodged to the competent authority if applied domestically; once the
competent authority recognizes and issues a letter of approval, the
application shall be proceeded to the Bureau of Consular Affairs
(hereinafter referred to as the “BOCA”) of the Ministry of Foreign
Affairs (hereinafter referred to as the “MOFA”) or its delegated
authority. Applications filed abroad shall be lodged to the Embassies
and Missions abroad.
Article 13-1
“Proof of overseas residency in the place of residence overseas”
referred to in Article 11 of the Act is limited to the same place of
residence overseas of the preceding Overseas Compatriot Identity Endorsement.
Article 14
Holders of valid passports affixed with an Overseas Compatriot Identity
Endorsement may apply to cancel the said Endorsement by completing an
application form stating full reasons, and lodging the said application
with the BOCA of MOFA or its delegated authority or the Embassies and
Missions abroad.
Article 15
Holders of valid passports affixed with an Overseas Compatriot Identity
Endorsement who wishes to apply for an Overseas Compatriot Identity
Certificate is exempted from producing the documents of proof stipulated
in Subparagraphs 2, 4, and 5, Paragraph 1, Article 5 of the Act.
Article 16
The following information shall be stated on an Overseas Compatriot
Identity Certificate:
1.Certificate number;
2.Name;
3.Foreign name and alias;
4.Date of birth;
5.Issuing authority;
6.Date of issuance;
7.Validity period;
8.Factual statement of applications made on the basis of Certificate
of Chinese Ethnicity;
9.Other matters designated by the competent authority.
An Overseas Compatriot Identity Certificate issued for the purpose of
conscription administration shall also specify the national ID number
of the applicant.
Article 17
The Chinese name and the foreign name on the Overseas Compatriot Identity
Certificate should be limited to one each.
The Chinese name referred to in the preceding paragraph shall not contain
aliases, and shall be the same as the information stated on the applicant’s
proof of the R.O.C. (TAIWAN) nationality or the Certificate of Chinese
Ethnicity.
The foreign name referred to in Paragraph 1 may include one foreign alias.
The foreign name and alias shall be the same as the information stated on
the applicant’s passport or residency document of the place of residence
overseas, and shall be written in English, with surname first and given
name after. Non-English names shall be translated into English.
Article 18
Application for issuance of an Overseas Compatriot Identity Certificate
or Overseas Compatriot Identity Endorsement under this Act should be
lodged in person by the applicant himself/herself or his/her statutory
representative or a delegated agent. When the application is lodged by
an agent, the agent shall present a proof of identity document and the
power of attorney.
For an Overseas Compatriot Identity Certificate issued for the purpose
of non-conscription administration, the aforementioned power of attorney
for the agent shall be proceeded as follows:
1.If made overseas, it shall be authenticated by the Embassies and
Missions abroad;
2.If made in Mainland China, it shall be authenticated by the institutions
established or designated, or by the private organization authorized by
the Executive Yuan;
3.If made in Hong Kong or Macao, it shall be authenticated by the institution
established or designated, or by the private organizations authorized by
the Executive Yuan in Hong Kong or Macao;
4.If made in the R.O.C. (TAIWAN), it shall be notarized by a notary public.
Article 19
Where the form or the documentary requirement of an application for Overseas
Compatriot Identity Certificate or Overseas Compatriot Identity Endorsement
under the Act is not fully in conformity, the competent authority or relevant
the Embassies and Missions abroad shall notify the applicant or his/her agent
to remedy the non-conformity within three months of the day following the
notice where such non-conformity is capable of being remedied. The application
shall be rejected where the non-conformity cannot be remedied.
Article 20
For the issuance of Overseas Compatriot Identity Certificate or Overseas
Compatriot Identity Endorsement, the competent authority can access the
computer systems of the MOI and MOFA to obtain the following information
about the applicant:
1.Nationality Change Information from the MOI;
2.Household registration information from the MOI;
3.Entry and exit information from National Immigration Agency, MOI;
4.Passport information from the BOCA, MOFA.
Article 21
Where the documents required to be submitted under the Act and these
Enforcement Rules that are in a foreign language, except for those in
English, a Mandarin translation must be attached.
The documents and Mandarin translation as stipulated in the preceding
paragraph must be proceeded as follows:
1.If made overseas, it shall be authenticated by the Embassies and
Missions abroad.
2.If made in Mainland China, it shall be authenticated by the institution
established or designated, or by the private organization authorized by
the Executive Yuan.
3.If made in Hong Kong or Macao, it shall be authenticated by the
institution established or designated, or by the private organization
authorized by the Executive Yuan in Hong Kong or Macao.
4.If made in the R.O.C. (TAIWAN) by a foreign embassy or consulate or
its authorized organizations, the documents in the preceding paragraph
shall be authenticated by the MOFA; when the Mandarin translation is
made within the R.O.C. (TAIWAN), it shall be notarized by a notary public.
Article 22
Applicants of the Overseas Compatriot Identity Certificate shall pay the
certification fee upon receiving the certificate.
Article 23
The Enforcement Rules shall commence and enter into force on the date
of promulgation.
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