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Nationality Confirmation Notice

Release time:2018-02-28      Author:

According to the Exit and Entry Administration Law of the People's Republic of China, Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners and Working Rules on the Visas for Foreigners and other relevant provisions, the Exit and Entry Administration of Ministry of Public Security shall, when accepting applications for visas, check and confirm that the applicant has a foreign nationality.

I. The nationalities shall be confirmed under the following circumstances.

1.1 Any person with foreign passport whose parents are a Chinese national and a foreigner;

1.2 Any person with foreign passport whose parents are both Chinese nationals;

1.3 Any person who has exited China with a Chinese citizen's identity card but is currently holding a foreign passport;

1.4 Other circumstances in which the Exit-Entry Administration of Ministry of Public Security considers necessary to confirm the nationalities.

II. Basis for nationality confirmation

Nationality confirmation refers to the examination of the acquisition and loss of Chinese nationality according to the Nationality Law of the People's Republic of China and other relevant provisions. The main contents of China's Nationality Law and related provisions are as follows:

2.1 Persons belonging to any of the nationalities in China shall have Chinese nationality;

2.2 The People’s Republic of China does not recognize dual nationality for any Chinese national;

"Dual Nationality" means having a Chinese nationality as well as a foreign nationality. This situation is also called nationality conflict. "Not recognize dual nationality for any Chinese national" means that China does not recognize that Chinese citizens have the foreign nationalities, which suggests that those people with dual nationality must follow the administration rules as Chinese citizens unless other agreements are provided.

2.3 Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality;

2.4 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;

"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" refers to the following circumstances:

2.4.1 A person whose parents are both Chinese nationals and have both settled abroad;

2.4.2 One of his (her) parents is a foreigner and the other is a Chinese national and has settled abroad;

2.4.3 A person whose parents are both Chinese nationals and one of whose parents has settled abroad;

2.5 Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free shall automatically lose Chinese nationality;

2.6 Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the circumstances of "Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free shall automatically lose Chinese nationality" and go through the formalities of application. Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application and shall be issued a certificate of Renunciation of Chinese Nationality by the Ministry of Public Security.

"Chinese citizens residing in foreign countries" refers to overseas Chinese who reside or move abroad. Residence means that Chinese citizens have acquired long-term or permanent residency and have resided in the living country for two consecutive years, accumulating a total of not less than 18 months in two years. Although Chinese nationals have not obtained long-term or permanent residence status in their country, they have obtained the legal status of residence in the living country for more than five consecutive years (including 5 years), and have stayed in the living country for not less than 30 months within 5 years, regarded as overseas Chinese.

Chinese nationals who reside in foreign countries but retain their domestic household registration are not regarded as overseas Chinese. Chinese citizens studying abroad (including the public and private expenses) and working abroad on business (including contract labors) shall not be regarded as overseas Chinese.

III. Persons can't have Chinese nationality under the following circumstances.

3.1 Any person who has gone through the formalities of renunciation of Chinese nationality;

3.2 Any person born abroad whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad at his birth;

3.3 Any person born abroad whose parents are both foreign nationals at his birth;

3.4 Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free will.

IV. Persons who don't have Chinese nationality shall submit the relevant proofs.

4.1 Any person who has gone through the formalities of renunciation of Chinese nationality shall submit both the original copy and photocopy of the Certificate of Nationality Renunciation of the People's Republic of China;

4.2 Any person born abroad whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad at his birth shall submit the following relevant proofs;

4.2.1 The original copy and photocopy of personal birth certificate and foreign passport;

If the nationality, name, and date of birth on Birth Certificate are inconsistent with the passport's information, one shall submit the proofs concerning the change of information issued by relevant foreign government agencies, the same below.

4.2.2 The original copy and photocopy of one parent’s relevant proofs in the host country at the applicant’s birth and Chinese passport;

4.3 Any person born abroad whose parents are both foreign nationals at his birth shall submit the following relevant proofs;

4.3.1 The original copy and photocopy of personal birth certificate and the foreign passport;

4.3.2 The statement of voluntary joining or acquisition of foreign nationality.

4.4 Any Chinese national who has settled abroad and who has been naturalised as a foreign national or has acquired foreign nationality of his own free shall submit the following proofs;

4.4.1 The original copy and photocopy of personal foreign passport;

4.4.2 The statement of voluntarily joining or acquisition of foreign nationality;

4.4.3 The original copy and photocopy of the Chinese passport used before joining or acquiring foreign nationality and the relevant settlement proofs; or the original copy and photocopy of the nationality certificate of the country of passport.

V. Relevant proofs issued by foreign countries shall be notarized

5.1 Proofs of changed information like the marriage certificate, birth certificate, kinship certificate and name issued by the foreign authorities shall be notarized by the Chinese embassy or consulate in the country and translated into Chinese by a qualified translation company (the photocopy of the business license of the company stamped with the company's official seal shall be attached). The original copy and photocopy of the Chinese translated version stamped with a seal of perforation shall be submitted;

5.2 Relevant proofs issued by foreign embassies or consulates in China and the translated Chinese versions shall be recognized by the Bureau of Entry and Exit Administration.

VI. Relevant proofs of nationality confirmation shall be attached to other materials used for applying for a visa. Photocopies shall be legible, clear and printed on A4 paper.

VII. Exit and entry administration

7.1 Any person verified to have Chinese nationality according to the relevant proofs provided shall exit and enter China based on the criterion of Chinese citizen;

7.2 Any person verified to have foreign nationality according to the relevant proofs provided shall apply for a visa as a foreigner; Any person retaining the domestic household registration shall apply for the cancellation of household registration in the local public security organization where the household registration is located and apply for a visa with the cancellation proof of household registration and other materials;

7.3 Any person who meets the circumstances in Article III of this notice, but cannot provide relevant proofs while the visa expires, can apply for a visa for no more than 30 days;

7.4 Any person who has nationality conflict and is eligible for nationality renunciation can apply for the renunciation of Chinese nationality and shall be issued the renunciation certificate of the People’s Republic of China. With the certificate and other materials, he shall go through entry and exit procedures the foreigner.

For the detailed procedures, please visit Quanzhou Public Security Bureau Public Service Website:

http://www.fjqz110.gov.cn/wsbs/zhinan/4028808b4ed86de0014ed87664821087.htm

 

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