Stricter laws for Chinese citizens naturalizing and how it may spillover

Legal Dual Nationality
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Key takeaways from this

Chinese naturalizing will have to swear an oath to renounce PRC nationality

Chinese will be subjected to the same naturalization test as everyone else.

  1. I think this may also affect other foreigners. For starters the idea of everyone doing the test? Chinese didn’t have to as it was a language test… now it is becoming more like a citizenship test it seems.

  2. It appears that the topic of allowing those who have it difficult to renounce and therefore get an exemption is coming under the microscope. A few netizens in the comments started even discussing why Japanese don’t have to renounce

AI translation

Huang Jie proposes that Chinese nationals applying for Taiwanese citizenship must swear to renounce their Chinese citizenship and pledge allegiance to Taiwan, Qiu Ta-san calls for comprehensive consideration
Yahoo (Real-time News)
March 12, 2024, Tuesday, 11:40 AM
Democratic Progressive Party legislator Huang Jie has proposed amendments to certain provisions of the “Act Governing Relations between the People of the Taiwan Area and the Mainland Area”, adding that Chinese nationals seeking Taiwanese citizenship must swear to renounce their Chinese citizenship and pledge allegiance to Taiwan. They must also pass examinations and other requirements similar to those for foreign nationals seeking citizenship, with violators having their household registration cancelled and being deported. Mainland Affairs Council Minister Qiu Ta-san said today that the basis for Chinese and foreign spouses is different and must be comprehensively considered.

In a Facebook post, Huang Jie mentioned that she has submitted a proposal that requires Chinese nationals seeking Taiwanese citizenship to take a new oath of allegiance and citizenship exam. The oath includes renouncing Chinese citizenship and pledging allegiance to Taiwan, with legal effects for violators including cancellation of household registration and deportation, resulting in the loss of voting rights, health insurance, and other rights.

Huang’s proposal notes that, considering foreign nationals naturalizing in Taiwan must provide proof of losing their original nationality, and the practical difficulties in requiring Chinese nationals to renounce their Chinese nationality, the amendment draws from legislative examples and nationality laws of advanced countries worldwide. It adds “oath of naturalization” and “basic knowledge of the national language and citizens’ rights and obligations” as essential conditions for applying for settlement.

In response to media inquiries before entering the legislative session today about the feasibility of Huang Jie’s proposal, Qiu Ta-san indicated that many legislators are concerned about the issue of Chinese spouses. He mentioned that the basis for comparison between Chinese spouses and foreign spouses is different, making it difficult to make judgments. Equal treatment might bring advantages and disadvantages for both sides, requiring comprehensive consideration, analysis of pros and cons, and relevant supporting measures to be discussed by the Legislative Yuan.

Interior Minister Lin You-chang, when interviewed, said that there currently is no oath-taking process for foreign nationals naturalizing, but many countries, including the United States, Canada, and Singapore, have such a procedure. To include this process, it would be necessary to add provisions to the nationality law, assigning related obligations. For matters involving Chinese nationals, amendments to the “Act Governing Relations between the People of the Taiwan Area and the Mainland Area” would be required to add related regulations.

Lin You-chang expressed belief that many would agree with pledging allegiance to the country as part of joining a family and pledging loyalty to the Republic of China (Taiwan) is a reasonable suggestion.

When asked whether he supports the requirement for Chinese nationals naturalizing in Taiwan to pledge allegiance to Taiwan, Lin You-chang stated that matters related to Chinese spouses involve the “Act Governing Relations between the People of the Taiwan Area and the Mainland Area,” which is under the jurisdiction of the Mainland Affairs Council, while the Ministry of the Interior is responsible for the Nationality Law.

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Which advanced country is it that requires foreigners to renounce to gain citizenship but does not require its own citizens to renounce to gain other citizenships?

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It’s an AI translation of the article. Not my opinion.

However I think it’s referring to an oath of allegiance to the country

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Yes I’m commenting on the article

I’m surprised how quickly they were to react to this, wasn’t it just a few weeks ago someone brought this up that Chinese spouses had more rights than foreign spouses?

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I think it just really struck a nerve among Taiwanese.

That’s what many foreigners don’t understand. If you want to make quick changes… you have to be controversial.

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Because countries like Taiwan my country doesn’t allow resignation.

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I’m not sure what you’re referring to

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For me is imposible to renounce. This law was made so we never lost our nationality when getting other nationalities.

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Yes, this is what they’re talking about now. In particular with Japan. I’m not sure what (if anything) will come from it.

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In practice this seems to be the same for China. Even people renounce their Chinese citizenship they are still seen as Chinese by the party and can be arrested anytime/anywhere

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Good for you then. Several South American countries do not allow people to renounce. So the law allows you to get ROC citizenship and keep your home citizenship which is great. Good thing they didn’t make the law if you cannot renounce you cannot get citizenship.

Renunciation is good for the soul.

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Who cares? Not I.

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I don’t care who cares, but found their reasoning weird in that they gave the reasoning for adding citizenship oath was because of other advanced countries who did it (they referenced the USA, Canada, and Singapore in the article). If they want to add an oath that’s fine, but don’t do it because other countries, do it because you as a country think it’s the right thing to do. Do they understand what an oath means?

And does giving an oath now mean there’s no need to renounce, since in “advanced countries” like the USA and Canada part of the oath says you pledge allegiance only to the country? What’s the point of an oath if someone acquires their original citizenship back right afterwards and pledges allegiance back to that country?

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The laws for Chinese citizens should be even stricter tbh. Like a complete ban or something.

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But then we wouldn’t have places like Din Tai Fung, which was founded by a Chinese business man

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And we could have a bunch of Japanese places founded by Japanese business people.

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It’s not up to the Taiwanese government to make its own citizens renounce citizenship, that’s down to the rules of the country that is giving the secondary citizenship.

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Not true, see Singapore, an example of an “advanced country” given in the article

A Singapore citizen acquiring US citizenship would be forced to renounce Singapore citizenship

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That’s just Singapore punishing its own people.

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As far as I’m aware, despite last year’s executive ruling saying that mainland residents are not automatically ROC nationals, there have been no regulatory or legislative changes to actually change the legal status of Chinese. The mainland relations act is still in force.

I feel it’s important to clarify the legal terms here. Are they talking about classifying Chinese nationals as “aliens” in law, living in Taiwan for X years on an alien resident certificate and then making them “naturalize”? Or are we still just talking about “residents of the mainland area of the ROC” obtaining household registration in Taiwan? And trying to make the rules for mainlanders obtaining HHR look very similar to foreigners naturalizing, without taking legal steps that look too much like formal independence?