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NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA
2004/04/21

(Adopted at the Third Session of the Fifth National People’s Congress, promulgated by Order No.8 of the Chairman of the Standing Committee of the National People’s Congress on and effective as of September 10, 1980)

Article 1
This Law is applicable  to  the  acquisition,  loss  and  restoration of nationality of the People's Republic of China.

Article 2
The People's Republic of China is a unitary multinational state; Persons belonging to any of the nationalities in China shall have Chinese nationality.

Article 3
The People's Republic of China does not recognize dual nationality for Any Chinese national.

Article 4
Any person born in China whose parents are both Chinese nationals and one of whose parents is a Chinese national shall have Chinese nationality.

Article 5
Any person born abroad whose parents are both Chinese nationals and 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.

Article 6
Any person born in China whose  parents  are  stateless  or  of Uncertain nationality and have settled in China shall have Chinese nationality.

Article 7
Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications:
(1) they are near relatives of Chinese nationals;
(2) they have settled in China; or
(3) they have other legitimate reasons.

Article 8
Any person who applies for naturalization  as  a  Chinese  national shall acquire Chinese nationality upon approval of  his  application;  a  person whose application for  naturalization  as  a  Chinese  national  has been approved shall not retain foreign nationality.

Article 9
Any Chinese national who has settled abroad and who has  been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.

Article 10
Chinese nationals who meet one of the following  conditions  may renounce Chinese nationality upon approval of their applications:
(1) they are near relatives of foreign nationals;
(2) they have settled abroad; or
(3) they have other legitimate reasons.

Article 11
Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application.

Article 12
State functionaries and military personnel on  active  service  shall not renounce Chinese nationality.

Article 13
Foreign  nationals  who  once  held  Chinese  nationality  may  apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications  for  restoration  of  Chinese  nationality  have been approved shall not retain foreign nationality.

Article 14
Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application.  Applications of persons under the age  of 18 may  be  filed  on  their  behalf  by  their  parents   or   other legal representatives.

Article 15
Nationality applications at home shall be handled by the  Public Security Bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be  handled  by  Chinese diplomatic representative agencies and consular offices.

Article 16
Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese  nationality  is  subject  to  examination and approval by the Ministry of Public Security of the  People's  Republic of  China. The Ministry of Public Security shall issue a  certificate  to any person whose application has been approved.

Article 17
The nationality status of persons  who  have  acquired  or  lost Chinese nationality before the promulgation of this Law shall remain valid.

Article 18
This Law shall come into force on the day of its promulgation.



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