Laws of the People's Republic of China

Whole Document NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA(Adopted at the Third Session of the Fifth National People'sCongress, promulgated by Order No. 8 of the Chairman of the StandingCommittee of the National People's Congress on and effective as ofSeptember 10, 1980)Article 1This Law is applicable to the acquisition, loss and restoration ofnationality of the People's Republic of China.Article 2The People's Republic of China is a unitary multinational state; personsbelonging to any of the nationalities in China shall have Chinesenationality.Article 3The People's Republic of China does not recognize dual nationality for anyChinese national.Article 4Any person born in China whose parents are both Chinese nationals or oneof whose parents is a Chinese national shall have Chinese nationality.Article 5Any person born abroad whose parents are both Chinese nationals or one ofwhose parents is a Chinese national shall have Chinese nationality. But aperson whose parents are both Chinese nationals and have both settledabroad, or one of whose parents is a Chinese national and has settledabroad, and who has acquired foreign nationality at birth shall not haveChinese nationality.Article 6Any person born in China whose parents are stateless or of uncertainnationality and have settled in China shall have Chinese nationality.Article 7Foreign nationals or stateless persons who are willing to abide by China'sConstitution and laws and who meet one of the following conditions may benaturalized 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 8Any person who applies for naturalization as a Chinese national shallacquire Chinese nationality upon approval of his application; a personwhose application for naturalization as a Chinese national has beenapproved shall not retain foreign nationality.Article 9Any Chinese national who has settled abroad and who has been naturalizedas a foreign national or has acquired foreign nationality of his own freewill shall automatically lose Chinese nationality.Article 10Chinese nationals who meet one of the following conditions may renounceChinese 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 11Any person who applies for renunciation of Chinese nationality shall loseChinese nationality upon approval of his application.Article 12State functionaries and military personnel on active service shall notrenounce Chinese nationality.Article 13Foreign nationals who once held Chinese nationality may apply forrestoration of Chinese nationality if they have legitimate reasons; thosewhose applications for restoration of Chinese nationality have beenapproved shall not retain foreign nationality.Article 14Persons who wish to acquire, renounce or restore Chinese nationality, withthe exception of the cases provided for in Article 9, shall go through theformalities of application. Applications of persons under the age of 18may be filed on their behalf by their parents or other legalrepresentatives.Article 15Nationality applications at home shall be handled by the public securitybureaus of the municipalities or counties where the applicants reside;nationality applications abroad shall be handled by China's diplomaticrepresentative agencies and consular offices.Article 16Applications for naturalization as Chinese nationals and for renunciationor restoration of Chinese nationality are subject to examination andapproval by the Ministry of Public Security of the People's Republic ofChina. The Ministry of Public Security shall issue a certificate to anyperson whose application has been approved.Article 17The nationality status of persons who have acquired or lost Chinesenationality before the promulgation of this Law shall remain valid.Article 18This Law shall come into force on the day of its promulgation.