Chinese Nationality Law - Books - Famous Chinese Shopping City

March 8, 2014


		1 Introduction 2 Nationality Law of the People's Republic of China 3 Hong Kong 4 Macao 5 See also

Famous Chinese Shopping City Books

Chinese Nationality Law

Wikipedia

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Nationality Law of the People's Republic of China

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 and effective as of September 10, 1980.

# This law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.
# The People's Republic of China is a unitary multinational state; persons belonging to any of the Nationalities of China|nationalities in China shall have Chinese nationality.
# The People's Republic of China does not recognize dual nationality for any Chinese national.
# Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality.
# 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.
# Any person born in China whose parents are Stateless person|stateless or of uncertain nationality and have settled in China shall have Chinese nationality.
# Foreign nationals or stateless persons who are willing to abide by Constitution of the People's Republic of China|China's Constitution and Law of the People's Republic of China|laws and who meet one of the following conditions may be naturalized upon approval of their applications: (i) they are near relatives of Chinese nationals; (ii) they have settled in China; or (iii) they have other legitimate reasons.
# 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.
# 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.
# Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications: (i) they are near relatives of foreign nationals; (ii) they have settled abroad; or (iii) they have other legitimate reasons.
# Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.
# State functionaries and People's Liberation Army|military personnel on active service shall not renounce Chinese nationality.
# 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.
# Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of 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.
# Nationality applications at home shall be handled by the Public Security Bureau|public security bureaus of the Municipality of China|municipalities or County of China|counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices.
# 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|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.
# The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid.
# This Law shall come into force as of the date of its promulgation.

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Hong Kong

The implementation of this Law in the Hong Kong Special Administrative Region, has been explained in a clarification issued by the Standing Committee of the National People's Congress.

Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region

(Adopted at the Nineteenth Session of the Standing Committee of the Eighth National People's Congress on 15 May 1996)

According to Article 18 of and Annex III to the Hong Kong Basic Law|Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Nationality Law of the People's Republic of China shall be applied in the Hong Kong Special Administrative Region from 1 July 1997. Taking account of the historical background and the existing circumstances of Hong Kong, the Standing Committee gives the following explanations concerning the implementation in the Hong Kong Special Administrative Region of the Nationality Law of the People's Republic of China-

# Where a Hong Kong resident is of Chinese descent and was born in the Chinese territories (including Hong Kong), or where a person satisfies the criteria laid down in the Nationality Law of the People's Republic of China for having Chinese nationality, he is a Chinese national.
# All Hong Kong Chinese compatriots are Chinese nationals, whether or not they are holders of the "British Dependent Territories Citizens passport" or "British National (Overseas)|British Nationals (Overseas) passport". With effect from 1 July 1997, Chinese nationals mentioned above may, for the purpose of travelling to other countries and territories, continue to use the valid travel documents issued by the Government of the United Kingdom. However, they shall not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned British travel documents.
# According to the Nationality Law of the People's Republic of China, the British Citizenship acquired by Chinese nationals in Hong Kong through the "British Nationality Selection Scheme" will not be recognised. They are still Chinese nationals and will not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China.
# Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned documents.
# If there is a change in the nationality of a Chinese national of the Hong Kong Special Administrative Region, he may, with valid documents in support, make a declaration at the authority of the Hong Kong Special Administrative Region responsible for nationality applications.
# The Government of the Hong Kong Special Administrative Region is authorised to designate its Immigration Department as the authority of the Hong Kong Special Administrative Region responsible for nationality applications. The Immigration Department of the Hong Kong Special Administrative Region shall handle all nationality applications in accordance with the Nationality Law of the People's Republic of China and the foregoing provisions.

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Macao

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