Jobs dual nationals can’t do

Legal Legal - Work
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I heard that police officers and civil servants can’t be dual nationals, but I’ve no idea if this is true.

I’m thinking about what restrictions on professions my daughter, as a dual national will have when she grows up. Anyone have any solid information?

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Politicians, though, there are likely many out there hiding or not admitting they got overseas passports. First to run when the bullets fly.

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Interesting points:

Not surprisingly, the National Space Program Office (NSPO) of the National Science Council, which has the highest proportion of dual nationals of any government agency, became a target of criticism. Of the more than 140 staff persons in the NSPO, nearly 30 (over 20%) have dual nationality. For this reason, in a fit of pique the Legislative Yuan cut more than NT$110 million from their budget for next year.

Responding to demands by elected officials, the NSPO eliminated administrative responsibilities for some officials at the level of office director, and made these officials into “plan coordinators.” As a result, the dual nationals affected are left with only technical, not policy or administrative, responsibilities.

Recently, two Taipei City government officials who had been in office less than 100 days–Bureau of Transportation director David Poo and Bureau of Finance chief David Hung–were forced to step down after Taipei City councilors discovered that both of them have dual nationality. On the day he left office, David Poo, accompanied by his wife, strolled home with a heavy heart. His wife asked him what he was thinking, and he unexpectedly replied, “I’m thinking about how to improve Taipei’s traffic situation.”

https://www.taiwan-panorama.com/en/Articles/Details?Guid=c455b66d-6266-4641-9307-175a00676626

So it does seem that dual citizenship for politicians is a no no, and is frowned upon, but still allowed for civil servants.

I bet @fifieldt would know a bit about this!

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she can be a spy! infilitrate behind enemy lines using her UK passport :slight_smile:
civil servant is a broad defintion - i had many university professors here that had dual nationality (most of the obtained a US passport while doing their PHD in the USA). Some of them were even registered as “overseas lecturers” to make the place look more international.
Probably certain positions are barred from dual nationality, but i think the vast majority of jobs should be ok for her, even give her an advantage.

for example, one of my previous jobs hired dual nationals on purpose to send them to work in the US office, having a USA passport meant they can work legally without having to spend time and money on visas.

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:disappointed_relieved:

Nationality Act - Article 10

Naturalized foreign nationals or stateless persons have no right to hold the following government offices:

  1. President, vice president.
  2. Legislator.
  3. Premier, vice premier or minister without portfolio of the Executive Yuan; president, vice president or Grand Justices of the Judicial Yuan; president, vice president or members of the Examination Yuan; president, vice president, members or auditor-general of the Control Yuan.
  4. Personnel specially appointed or designated.
  5. Deputy Minister of each Ministry.
  6. Ambassador extraordinary and plenipotentiary, minister extraordinary and plenipotentiary.
  7. Vice minister of the Overseas Compatriot Affairs Commission.
  8. Other government offices shall be compared with personnel holding selected ranks above the thirteenth grade.
  9. General officer of the land, navy or air force.
  10. Local government office position elected by the people.
    The foregoing restrictions shall be lifted after 10 years from the date of naturalization, but if otherwise provided by any other act, the provisions of that act shall prevail.
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This is different and doesn’t state it’s dual nationals that are barred, but that a naturalised citizen has these restrictions for 10 years.

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In the US naturalized citizens cannot run for president at all, only natural born citizens.

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I am not understanding your point.

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Article 28 of 公務人員任用法.

有下列情事之一者，不得任用為公務人員：
一、未具或喪失中華民國國籍。
二、具中華民國國籍兼具外國國籍。但本法或其他法律另有規定者，不在此限。

Machine translation:

Anyone who has any of the following matters shall not be appointed as a civil servant:
I. Not having or losing the nationality of the Republic of China.
II. Have the nationality of the Republic of China and foreign nationality. However, this Law or other laws do not have other provisions.

Bit confused about that last part.

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It means:

If there are other regulations allowing a dual national to be appointed as a civil servant, the restriction of Article 28 is not applied.

Also:

Nationality Act

Article 20

A national of the ROC who acquires the nationality of another country has no right to hold government offices of the ROC. If he/she has held a government office, the relevant authority shall discharge his/her government office; a legislator shall be discharged by the Legislative Yuan, government service personnel elected by the people of a municipality, county(city), township(city) shall be discharged by the Executive Yuan, the MOI, or a county government respectively, a village chief shall be discharged by the township(city, district) office, but the following Subparagraphs shall not be subject to this restriction if provided by the competent authorities:

  1. Presidents of public universities, teachers who concurrently serve as administrative governors of public school of all levels, principals, vice principals or researchers (including researchers who concurrently serve as governors of academic research) of research organizations (bodies) and principals, vice principals and contracted professionals (including part-time governors) of social education or culture bodies established with the approval of the competent administrative authority of education or culture authorities.
  2. Personnel in public-operated utilities other than the persons who take primary decision-making responsibility for the operational policy.
  3. Non-governor positions focusing on technology research and design regularly engaged through contract by various authorities.
  4. Commissioners without position engaged through selection for consultation only according to the organizational law by the competent authority of overseas Compatriot affairs.
  5. Otherwise provided by other acts.
    Persons in Subparagraph 1 to Subparagraph 3 of the preceding Paragraph shall be limited to talents who have expertise or special skills difficult to find in our country and occupy positions not involving state secrets.
    Government services of Subparagraph 1 don’t include teachers, lecturers and research personnel, professional technical personnel who do not concurrently serve as administrative governors at all levels of public schools.
    If a national of the ROC who concurrently has the nationality of another country wants to hold a government office limited by nationality as determined by this Article, he/she shall handle the waiver of the other country’s nationality before taking office, and complete the loss of that country’s nationality and the acquisition of certification documents within 1 year from the date of taking office, but if otherwise provided by another act, the provisions of that act shall prevail.
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That sounds like a cool job. I admit I have no idea what it is though!

Guy

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I was hoping @fifieldt can become the governor of Taiwan’s administration and get rid of all the nonsense against foreigners

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What legal category does your daughter fall in? Seems the parts of the law quoted relate to:

  1. foreigners who naturalise or stateless person, or
  2. nationals who acquire foreign nationality

I assume your daughter was born a dual national, which does not seem to fall into the two categories?

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Yes she was born with both nationalities, but I think that might just be some strangeness in the English translation.

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Granted, my Mandarin ain’t worth ish,
Article 10: 外國人或無國籍人歸化者
Article 20: 中華民國國民取得外國國籍者
all seem fairly translated to me.

Perhaps we are reading more into the translations than there is?

In the absence of other legislative pronouncements, maybe there, indeed, is a loophole your daughter could exploit?

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Ma Ying Jou was born in HK I think. (Originally from Hengshan County in Hunan Province on the Chinese mainland, and born in Hong Kong.) There was a spy in the Presidential office.

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I thought the DPP made a big deal about that, or how he has or had a green card. Had to get the AIT to confirm that he no longer has resident rights in the US.