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OCAC, R.O.C. (Taiwan)
:::PATH: [Home] > Laws and Regulations > Certification Service > Overseas Chinese Identity Certification Act



Promulgated by Order of the President No. Hua-Chung-Yi-Yi-09100243550 dated December 18 2002

Article 1: This Act is promulgated for purposes of issuing Overseas Chinese Identity Certificates and processing of Overseas Chinese Identity Endorsements.

Article 2: The competent authority under this Act is the Overseas Chinese Affairs Council (hereinafter referred to as "OCAC").

Article 3: This Act applies to Republic of China ("ROC") nationals who reside in a foreign country, provided that it does not apply to persons with Mainland China, Hong Kong or Macau residency status, or persons holding passports issued by Mainland China region.

Article 4: A ROC national residing in a foreign country and who satisfies any of the following criteria may apply for the Overseas Chinese Identity Certificate:

1. He/she currently resides in a country or region with a permanent residency system, and satisfies the following requirements:
(1) Has gained permanent residency in such place of overseas residence;
(2) Has lived overseas for a cumulative total of at least four (4) years;
(3) Has lived continuously at such place of overseas residence for six (6) months, or has spent at least eight (8) months of each year in the preceding two (2) years at such place of overseas residence.

2. He/she currently resides in a country or region where there is no permanent residency system, or where there is a system of permanent residency but it is difficult for foreigners to obtain such permanent residency, and satisfies the following requirements:
(1) Has gained temporary residency at such place of overseas residence for four (4) consecutive years, and is eligible for further extensions of residency;
(2) Has lived overseas for a cumulative total of at least four (4) years;
(3) Has lived continuously at such place of overseas residence for six (6) months, or has spent at least eight (8) months of each year in the preceding two (2) years at such place of overseas residence.

3. He/she departed from Taiwan, has lived legally overseas for ten (10) consecutive years, is legally employed at such place of overseas residence for four (4) years or more, and is eligible for further extensions of residency.
The definition of countries or regions that are difficult for foreigners to obtain permanent residency as referred to in Paragraph 2 above, as well as recognition of residency qualifications shall be publicly announced regularly each year by the competent authority upon consultation with the Ministry of Foreign Affairs.
A man who satisfies the requirements in Paragraph 1 above but who has not yet fulfilled his military service obligations, and who is applying for a Overseas Chinese Identity Certificate for purposes of conscription administration or recognition of identity upon arrival or departure processing, issue of such Certificate shall be subject to any restrictions imposed by other laws and regulations, and the competent authority shall annotate on such Certificate that the said Certificate is issued for conscription administration purposes only.

Article 5: A person applying for an Overseas Chinese Identity Certificate shall lodge the application with the competent authority by submitting the following documentation:

1. Application form;
2. Personal identification document;
3. Proof of residency at place of foreign residence;
4. Proof of period of foreign residence;
5. Proof of ROC nationality, or proof of Chinese ethnicity authenticated or issued by Overseas embassies and consulates, representative offices, offices, or other agencies authorized by the Ministry of Foreign Affairs (hereinafter referred to as "Overseas missions").
6. Other relevant evidentiary documentation.
Rules applying to authentication or issue of proof of Chinese ethnicity referred to in Subparagraph 5 above shall be determined by the competent authority upon consultation with other relevant authorities.

Article 6: Where a person applies for an Overseas Chinese Identity Certificate by submitting a proof of Chinese ethnicity referred to in Paragraph 1, Subparagraph 5 of the preceding Article, the competent authority shall annotate on the Overseas Chinese Identity Certificate issued the fact that the applicant had lodged the application on the basis of such proof of Chinese ethnicity; the substantive validity of such Overseas Chinese Identity Certificate shall be as determined by the relevant authority for enterprises of each specific purpose.

Article 7: If so requires by a specific place of foreign residence, the competent authority may authorize the Overseas mission or a local private organization to process Overseas Chinese Identity Certificate applications; the relevant procedures shall be determined by the competent authority.

Article 8: The Overseas Chinese Identity Certificate is valid for one (1) year from the date of issue.

Article 9: Where an Overseas Chinese Identity Certificate is destroyed, lost or damaged, a new application shall be lodged.

Article 10: A ROC national who resides overseas, who holds a standard ROC passport, and who satisfies the requirement stipulated in Article 4, Paragraph 1 above, may apply for an Overseas Chinese Identity Endorsement on his/her passport, provided that a person falling within any the following descriptions may not so apply:

1. A male who has not fulfilled his military service obligations, and who is restricted from holding the Overseas Chinese Identity Endorsement by other relevant laws or regulations;
2. Is currently serving in the military or substitute military service;
3. Restricted by other laws or Acts.
Where a person applies for the aforementioned Endorsement within ROC, the competent authority shall confirm the overseas Chinese identity of such applicant before transferring the application to the Ministry of Foreign Affairs for processing; where the application is lodged overseas, the Overseas mission authorized by the competent authority shall directly proceed with confirmation and processing of the application, or shall process the application after requesting for confirmation by the competent authority. Article 5, Paragraph 1 above shall apply mutatis mutandis to documentation required for confirmation of overseas Chinese identity described in the preceding paragraph.

Article 11: Where an application for renewal or replacement of a passport subject to Overseas Chinese Identity Endorsement is lodged, the said Endorsement may be transferred after verifying that relevant proof of overseas residency at the place of foreign residence has not expired.

Article 12: Where a person holds a valid passport subject to Overseas Chinese Identity Endorsement, the valid effect of such Endorsement shall be the same as an Overseas Chinese Identity Certificate during the validity period of such Endorsement. This does not apply where other laws or regulations requires submission of an Overseas Chinese Identity Certificate.

Article 13: Where a person who applies for an overseas Chinese Identity Certificate or Overseas Chinese Identity Endorsement pursuant to this Act is a person with restricted capacity to act under the ROC Civil Code, the application shall be subject to written consent of the statutory representative for such applicant; where such applicant lacks capacity to act, the application shall be lodged by the statutory representative on behalf of such applicant. The aforementioned right of consent may be exercised by any of the father, mother or guardian of such applicant.

Article 14: A fee shall be charged by the competent authority in respect of processing of Overseas Chinese Identity Certificate applications pursuant to this Act. The amount of such fee shall be as determined by the competent authority.

Article 15: The format and information to be recorded on Overseas Chinese Identity Certificates shall be as determined by the competent authority.

Article 16: Enforcement Rules in respect of this Act shall be determined by the competent authority.

Article 17: This Act shall enter into force from the promulgation date.



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3,15-17F., No.5, Xuzhou Rd., Zhongzheng Dist., Taipei City 10055, Taiwan (R.O.C.)
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