Talk:Chinese nationality law

Talk 1

This article needs all mention of PRC-specific instances of "China" converted, then the cleanup tag can be removed. Elle _{vécut heureuse} ^{à jamais} (Be eudaimonic!) 04:02, 15 May 2006 (UTC)

What are the regulations on obtaining passports for Taiwan residents? It's possible, as Chen You-hao escaped to the US on a PRC passport after Taiwan issued an arrest warrant for him.--Jiang 06:18, 15 May 2006 (UTC)

Does "China" need to be converted? Because in whatever definition (include Taiwan or not), PRC still treat those people as Chinese citizens (at least unilaterally) and we are talking about the nationality law of PRC here. Hunter 11:17, 15 May 2006 (UTC)

Yes but a distinction needs to be made between references that are to the PRC itself and references that are regarding China as a whole. Btw, regarding "ethnic Chinese" — can that be clarified, because would then this be a racial policy ... ? Elle _{vécut heureuse} ^{à jamais} (Be eudaimonic!) 13:13, 15 May 2006 (UTC)

I believe adding a sentence explaining what China means in this context would be the best? Because changing China -> PRC hardly reflect what the law says. For the "btw part", if you mean that the nationality law of PRC says that only ethnic Chinese (in general) can become its citizen then I am afraid that's true. You can see this from the English translation in the external links. Hunter 14:26, 15 May 2006 (UTC)

Yes, but I assume that includes the 56 nationalities, because AFAIK they are not "ethnic Chinese" (in the sense of Han Chinese). Elle _{vécut heureuse} ^{à jamais} (Be eudaimonic!) 22:08, 15 May 2006 (UTC)

I just added a template to Wikisource. Speaking of Chen You-hao getting a PRC passport to flee to the US, I have also heard of ROC passports issued to mainland democratic activisits after the Tiananmen Square protests of 1989. Due to PRC and ROC claiming each other's administered territory, PRC nationals are also considered ROC nationals and vice versa. However, anyone publicly saying that s/he is a national of the PRC and the ROC is likely to be questioned about the loyalty as the PRC and ROC have serious political conflicts.--Jusjih 22:34, 20 June 2006 (UTC)

Chinese nationality

I think the use of "ethnic Chinese" in this article is too ambiguous as to whether it means han Chinese or Zhonghua Minzu (it should mean the latter)--Jiang 11:10, 20 May 2006 (UTC)

The official translation of the Nationality Law itself uses the term "of Chinese nationality" instead of "ethnic Chinese". --Jiang 19:16, 4 June 2006 (UTC)

Yes, though when I originally created this article I thought it would be confusing for readers who are not familiar with how the "nationality" term used by the PRC, since such definition is very different from how it is used elsewhere. From what I interpret, the term "nationality" used by the PRC government is equivalent to "ethnic". --Hunter 19:21, 4 June 2006 (UTC)

"Chinese ethnicity" implies a single ethnic group. Han Chinese would be an ethnic group. "Chinese nationality" is supposed to transcend ethnic groups. I don't know if there is a clean way of dealing with this. --Jiang 19:23, 4 June 2006 (UTC)

Yes I am aware of such definition by the PRC government. I'd propose adding a footnote to clarify the definition used. Hunter 19:30, 4 June 2006 (UTC)

Agreed. but we should use the term consistently in the article--Jiang 02:30, 7 June 2006 (UTC)

I just looked at the [ http://news.xinhuanet.com/legal/2003-01/21/content_699250.htm original Chinese text] and the term "Chinese nationality" as translated has nothing to do with Zhonghua Minzu. The term being used, 中国公民, can also mean "Chinese citizenship" and has nothing to do with ethnicity. The article is wrong... --Jiang 02:36, 7 June 2006 (UTC)

Yes.. but then according to the terminologies of the PRC government, nationalities is used in place of ethnic groups, am I right? — Instantnood 20:48, 9 June 2006 (UTC)

This is "Chinese Nationality" singular and not a translation of Zhonghua Minzu. Please take a look at the original Chinese. --Jiang 00:51, 12 June 2006 (UTC)

I just read the nationality law again, my understanding now is: "Chinese national" -> 中国公民 "Chinese nationality" ->中国国籍. So I think I should have said the official translation of "Chinese national" is equivalent to "ethnic Chinese" in the context of thie article.--Hunter 03:46, 12 June 2006 (UTC)

公民 and 国籍 have nothing to do with ethnicity. Ethnicity is associated with a common genealogy or ancestry: there are multiple ethnicities within China. Although Chinese nationality policies may be de facto racist, nowhere is it stated up front that yellow skin qualifies someone for citizenship. We should stop using the phrase "ethnic Chinese" in the article. --Jiang 04:06, 12 June 2006 (UTC)

公民 -> citizen (commonly used in western countries) or natinoal (used by Chinese government). In this context it stands for national and I believe the definition should be as same as the one stated in Nationalities of China#Nationalities: "Although most of the nationalities can be seen as ethnic groups, the correspondence is not one to one.".

I understand that it is not really one to one equivalent, but if the article uses "Chinese national" in place of "ethnic Chinese", it would be rather confusing for English readers because the term usually means "nationality". (See National). --Hunter 05:23, 12 June 2006 (UTC)

I don't see why you keep bringing up ethnicity. 公民 (citizen) and 民族 (ethnicity/nationality) are some very separate concepts. The latter is not relevant here. --Jiang 07:13, 12 June 2006 (UTC)

Ok, I think I was wrong. Sorry for so much trouble, I just interpret it from the English version (didn't had the Chinese version on hand when I created this article) and the usage of the word by the Chinese government. I'll update the article shortly according to the Chinese version. --Hunter 08:55, 12 June 2006 (UTC)

Chinese nationatliy vs PRC nationality?

To follow how it is officially used. I know some of you may consider it to be POV but since the CHN of ISO 3166-1 alpha-3 characters are designated for PRC, and the nationality field of its passports are "Chinese". For Taiwan, they used TWN and print Taiwan on the nationality field. I think there is no problem in saying its Chinese natinoality. --Hunter 19:27, 4 June 2006 (UTC)

I'm not specifically opposed to using "Chinese nationality" as the government does, but "PRC citizen"/"PRC national" is more congurent with Wikipedia:Naming conventions (Chinese).--Jiang 02:30, 7 June 2006 (UTC)

Overseas Chinese as "ethnic Chinese"

As long as they keep their Chinese names, and are willing to give up a passport, but born outside the PRC, and whose parents do not hold Chinese nationality (let's say, third or fourth or fifth generation, etc. like most Chinese Singaporeans or many Chinese-Americans in the US) what is the context of this issue? Are they counted as "not ethnic Chinese" or...? (Not that I'd trade in my passport, just out of curiosity for legal matters.) Elle _{vécut heureuse} ^{à jamais} (Be eudaimonic!) 06:10, 3 July 2006 (UTC) i dont know how you can compare singapore to usa. most chinese in america are 1st generation. anyone whos parents were permanent residents of another country at the time of the childs birth do not qualify for chinese citizenship.

Prior to 1980?

What provision is there legally to define chinese nationality before 1980? In other words, what legal instrument defined all Chinese nationals as PRC citizen beginning in 1949 upon PRC's creation? What about prior to 1949? what legal status did Chinese nationals had before 1949? What if they were born under Qing Empire, in the mainland or otherwise?

I think there should be a seperate article for "Chinese nationality" in general. --Kvasir 04:03, 28 January 2007 (UTC)

Citizenship for Arabs in China?

I am not clear on the section that describes citizenship for Arabs to be problematic or complicated. There is a statement that points out the issue of Egyptians, Libyans, Mauritanians, Omanis, Algerians and Tunisians who are born in China in reference to citizenship. Are there high intermarriage rates between these groups and Chinese? Can someone please clarify any possible misunderstinding I may have in reference to this Passage?

[User:Brian] 02:01, 26 February 2007 (UTC)

I'm not sure why arabs are singled out either. I'm sure this is the case for other strict jus sangunis countries as well. Do we really need to list all the applicable arab countries, seeing that is probably a small proportion of foreigners in China. --Kvasir 10:12, 26 February 2007 (UTC)

Hmm. Well maybe the person who authored this section of the article could elaborate why he/she wrote what they wrote? It certainly deserves a bit of explanation to say the least.[User:Brian] 5:05, 26 February 2007 (UTC)

Dual citizenship

Make a new section dual citizenship, and mention that the government is often unaware that one might have become a dual citizen. Jidanni 11:41, 11 September 2007 (UTC)

I am not Chinese (neither Chinese national nor ethnic Chinese). As I am dealing with Chinese immigrants to Canada, I would appreciate clarification on the question of dual citizenship. In particular, if a citizen of the PRC takes out citizenship in another country, does he or she automatically lose PRC citizenship? Or, is there a legal procedure for stripping the individual of PRC citizenship if and when it becomes known to the government of the PRC? How does it work? Thank you! — Preceding unsigned comment added by 74.12.9.98 (talk) 14:35, 21 March 2013 (UTC)

loopholes

are there any loopholes to getting chinese citizenship without giving up your current citizenship from another country? —Preceding unsigned comment added by 88.109.229.205 (talk) 23:39, 2 February 2008 (UTC)

Only in the case of HK and Macau as far as I know. Their own Basic Laws have made special provisions before the handovers in 1997 and 1999 respectively to allow would be Chinese nationals to keep whatever foreign citizenship they have beyond the handovers. Despite having foreign citenship, they would only be recognised as Chinese citizens in the SAR and China. This also means Chinese nationality is lost automatically when naturalising as foreign nationals after 1997 and 1999. --Kvasir (talk) 10:45, 4 April 2008 (UTC)

You can "keep" your foreign citizenship after you are naturalised as a Chinese national, just that your foreign citizenship will not be recognised by the PRC in China and its SARs. Don't know if naturalisation as Chinese national requires renunciation of one's foreign citizenship, but if the foreign country does not allow renunciation then in theory you are still citizen of that country in the eyes of that country (as long as that country allow dual citizenship). --Kvasir (talk) 10:51, 4 April 2008 (UTC)

taiwan

since china doesnt consider taiwan to be a country, can a person potentially hold both a prc and taiwanese passport? —Preceding unsigned comment added by 78.105.134.113 (talk) 00:03, 15 February 2008 (UTC)

Not easily. Taiwan will cancel your Taiwan residency if you hold a PRC passport. Roadrunner (talk) 02:37, 26 August 2010 (UTC)

Also does the law apply theoretically to people of Taiwan? --Kvasir (talk) 16:08, 12 May 2008 (UTC)

Yes.

How do Taiwan citizens apply for PRC citizenship? Are they automatically eligible? —Preceding unsigned comment added by 78.105.134.113 (talk) 00:44, 29 August 2008 (UTC)

The PRC considers residents of Taiwan to automatically be PRC nationals. Roadrunner (talk) 02:37, 26 August 2010 (UTC)

Changes

Will there be any changes to the Chinese nationality law regarding overseas Chinese? My parents were both born in China, but settled in the USA by the time I was born, which means I am not entitled to Chinese citizenship. Do you think China will change this to make it easier for people like me to get citizenship? —Preceding unsigned comment added by JOIZO (talk • contribs) 01:02, 24 August 2009 (UTC)

i want chinese nationality

I am pakistan national . currently my situation is i found death threats from extremists religions group in pakitan so i left pakistan forever. i come here in china. i have a girl friend here we want to marriage. but my situation is i am over stay here. i want chinese nationaity .if we go for register our marriage. may i have chinese nationality in this situation?

I shall be very thankfull to you for your kind advice.

Truly yours

Idrees mian_idrees@msn.com —Preceding unsigned comment added by 221.220.184.80 (talk) 04:17, 24 December 2009 (UTC)

We do not give legal advice on Wikipedia but in your case Article 7 would apply. Chinese citizenship is not automatic through marraige and one must renounce its foreign citizenship to become Chinese citizen. --Kvasir (talk) 22:07, 10 February 2010 (UTC)

application

can someone please include a link to a website that teaches people how to get Chinese citizenship. which office to apply to in beijing? a physical address? — Preceding unsigned comment added by 124.205.175.194 (talk) 05:11, 12 August 2011 (UTC)

Refugee Crisis

Saying that China has a border with Afghanistan which creates a potential for an influx of refugees is ridiculous. The border is relatively short and virtually impassable mountainous terrain. The window for getting through during the summer is quite short and the single route through the mountains is treacherous. Even when the border was completely open to trade, almost nobody ever went through. — Preceding unsigned comment added by 211.95.63.237 (talk) 14:13, 28 February 2014 (UTC)

I agree the Afghan border isn't a big refugee site. Also the article omits the tens of thousands of Burmese refugees and the many illegal migrant workers from South East Asian countries. Rincewind42 (talk) 17:41, 28 February 2014 (UTC)

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Acquisition of citizenship by descent - Hong Kong and Macau

I have slightly cleaned up the paragraph on acquisition of citizenship by birth in Hong Kong and Macau: the Chinese government's Explanation is quite clear, it applies to Hong Kong and Macau residents who were born in the Chinese territories (including Hong Kong and Macau). The effect is that birth in Hong Kong and Macau has the same effect as birtn ih mainland China. The paragraph as it stood was not entirely clear on this and suggested that it (retrospectivley) bestowed Chinese citizenship on overseas Chinese people who might have nothing to do with Hong Kong or Macau other than being born there, but this isn't quite accurate becuase the Explanation only applies to Hong Kong and Macau residents and does not affect the operation of Art 9. --PalaceGuard008 (Talk) 09:39, 14 August 2017 (UTC)

@PalaceGuard008:Hi. Please note that according to the Law of the PRC, Taiwan is recognized as a part of China.

Preamble of the Constitution of the People's Republic of China:

Taiwan is part of the sacred territory of the People’s Republic of China.

Annex 3 of the Decision of the Standing Committee of the National People’s Congress on Treatment of the Laws Previously in Force in Hong Kong in Accordance with Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China:

In the case of any provision in which any reference is made to "the People’s Republic of China" or "China" or to a similar name or expression, such reference shall be construed as a reference to the People’s Republic of China as including Taiwan, Hong Kong and Macau; and in the case of any provision in which any reference is made to such name or expression as the Mainland, Taiwan, Hong Kong or Macau, whether separately or concurrently, such reference shall be construed respectively as a reference to the Mainland, Taiwan, Hong Kong or Macau, as a part of the People’s Republic of China. 222.167.166.187 (talk) 14:05, 14 August 2017 (UTC)

Okay, but in this case the primary source refers to "territory", and in different contexts Chinese law has different concepts of "territory". For example, for customs and immigration purposes, Chinese "territory" often refers only to mainland China, as Taiwan is obviously a separate customs area. It is not clear to me from the primary source whether the "territory" is in this case intended to include Taiwan. I have no objection to inclusion of Taiwan in this context if you have confirmed the reading against a secondary source or if you are confident that it is clear from the primary source. --PalaceGuard008 (Talk) 15:10, 14 August 2017 (UTC)

Intended meaning of this paragraph

Hello, does anyone know what this paragraph is intended to say? The meaning is slightly unclear, possibly due to some missing words:

There is no provision in Chinese nationality law regarding the involuntary acquisition of another country's nationality can cause the loss of Chinese nationality. An example would be a Chinese woman marries a man from a country observing jus matrimonii (e.g. Iran), in which case she automatically becomes an Iranian national upon marriage.

Is this paragraph saying that there is no provision, so involuntary acquisition does not lead to loss of Chinese nationality? Or is it saying that there is no exception for involuntary acquisition, so it works the same way as voluntary acquisition?

It seems to me that the latter should be the case - i.e. involuntary acquisition should work under Art 9 the same way as voluntary acquisition, i.e. the quesiton is whether the person was settled abroad at the time of acquisition. In the example given, if the woman was settled in Iran at the time of acquisition, she loses her Chinese citizenship. If she was not (and was in China), she does not lose her Chinese citizenship and her new Iranian citizenship - recognised in Iran - is simply not recognised in China. --PalaceGuard008 (Talk) 11:30, 23 August 2017 (UTC)

Requested move 9 May 2019

The following is a closed discussion of a requested move. Please do not modify it. Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a move review after discussing it on the closer's talk page. No further edits should be made to this discussion.

The result of the move request was: Moved  — Amakuru (talk) 22:30, 17 May 2019 (UTC)

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• Nationality Law of China → Chinese nationality law
• Nationality law of Taiwan → Taiwanese nationality law

– Currently, the article names of almost all other nationality law articles follow this naming convention: "country name / demonym nationality law". The same should apply for these two articles. Horserice (talk) 22:01, 9 May 2019 (UTC)

• Support. China and Taiwan are commonly understood to refer to the PRC and ROC respectively. feminist (talk) 02:58, 10 May 2019 (UTC)

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The above discussion is preserved as an archive of a requested move. Please do not modify it. Subsequent comments should be made in a new section on this talk page or in a move review. No further edits should be made to this section.