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Chinese nationality law
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Chinese nationality law
Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China, which came into force on September 10, 1980.
Foreign nationals may naturalize if they are permanent residents in any part of China or they have immediate family members who are Chinese citizens. Residents of the Taiwan Area are also considered Chinese citizens, due to the PRC's extant claim over areas controlled by the Republic of China (ROC).
Although mainland China, Hong Kong, and Macau are all administered by the PRC, Chinese citizens do not have automatic residence rights in all three jurisdictions; each territory maintains a separate immigration policy. Voting rights and freedom of movement are tied to the region in which a Chinese citizen is domiciled, determined by hukou in mainland China and right of abode in the two special administrative regions.
Mainland Chinese nationals who voluntarily acquire foreign citizenship automatically lose Chinese nationality. A large number of residents in Hong Kong and Macau have some form of British or Portuguese nationality due to the history of those regions as former European colonies.
Before the mid-19th century, nationality issues involving China were extremely rare and could be handled on an individual basis. Customary law dictated that children born to Chinese subjects took the nationality of the father, but did not have clear rules for renunciation of citizenship or the naturalization of aliens. Imperial Chinese subjects were traditionally severely restricted from traveling overseas and international travel was only sanctioned for official business. Disputes arising from nationality questions became more common as the Qing dynasty was forced through a series of unequal treaties to open up trade with Western empires and allow its subjects to migrate overseas.
The Qing government created the first Chinese nationality law in 1909, which defined a Chinese national as any person born to a Chinese father. Children born to a Chinese mother inherited her nationality only if the father was stateless or had unknown nationality status. Women who married foreigners lost Chinese nationality if they took the nationality of their husbands. Nationality could be inherited perpetually from Chinese fathers, making it difficult to lose for men. These regulations were enacted in response to a 1907 statute passed in the Netherlands that retroactively treated all Chinese born in the Dutch East Indies as Dutch citizens. Jus sanguinis was chosen to define Chinese nationality so that the Qing could counter foreign claims on overseas Chinese populations and maintain the perpetual allegiance of its subjects living abroad through paternal lineage.
The 1909 law placed restrictions on Chinese subjects with dual nationality within China. At the time, foreign powers exercised extraterritoriality over their own nationals residing in China. Chinese subjects claiming another nationality by virtue of their birth in a foreign concession became exempt from Qing taxation and legal jurisdiction within Chinese borders. A strict policy against automatic expatriation was adopted to prevent this; a Chinese individual's foreign nationality was not recognized by Qing authorities unless specifically approved. Foreigners who acquired Chinese nationality were subject to restrictions as well; naturalized Qing subjects could not serve in high military or political office until 20 years after becoming a Chinese national, and only with imperial authorization.
Nationality law remained largely unchanged in the Republican China, except for a major revision passed by the Kuomintang in 1929 that decoupled a woman's nationality from that of her husband and minimized circumstances in which children would be born stateless. After the Communist Revolution, the new government abolished all republican-era legislation but did not immediately create laws to replace them. Mainland China lacked formal nationality regulations until greater legal reform began in the late 1970s to 1980s. The government unofficially applied the 1929 statute during this time to resolve nationality issues, and also made a mother's nationality normally transferable to her children outside of cases where the father is stateless. The PRC does not recognize dual nationality and actively discouraged its occurrence in its treaties with Indonesia, Nepal, and Mongolia in the 1950s. When the National People's Congress adopted the current nationality law in 1980, a further stipulation was added that automatically revokes nationality from Chinese nationals who settle overseas and voluntarily acquire foreign citizenship.
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Chinese nationality law
Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China, which came into force on September 10, 1980.
Foreign nationals may naturalize if they are permanent residents in any part of China or they have immediate family members who are Chinese citizens. Residents of the Taiwan Area are also considered Chinese citizens, due to the PRC's extant claim over areas controlled by the Republic of China (ROC).
Although mainland China, Hong Kong, and Macau are all administered by the PRC, Chinese citizens do not have automatic residence rights in all three jurisdictions; each territory maintains a separate immigration policy. Voting rights and freedom of movement are tied to the region in which a Chinese citizen is domiciled, determined by hukou in mainland China and right of abode in the two special administrative regions.
Mainland Chinese nationals who voluntarily acquire foreign citizenship automatically lose Chinese nationality. A large number of residents in Hong Kong and Macau have some form of British or Portuguese nationality due to the history of those regions as former European colonies.
Before the mid-19th century, nationality issues involving China were extremely rare and could be handled on an individual basis. Customary law dictated that children born to Chinese subjects took the nationality of the father, but did not have clear rules for renunciation of citizenship or the naturalization of aliens. Imperial Chinese subjects were traditionally severely restricted from traveling overseas and international travel was only sanctioned for official business. Disputes arising from nationality questions became more common as the Qing dynasty was forced through a series of unequal treaties to open up trade with Western empires and allow its subjects to migrate overseas.
The Qing government created the first Chinese nationality law in 1909, which defined a Chinese national as any person born to a Chinese father. Children born to a Chinese mother inherited her nationality only if the father was stateless or had unknown nationality status. Women who married foreigners lost Chinese nationality if they took the nationality of their husbands. Nationality could be inherited perpetually from Chinese fathers, making it difficult to lose for men. These regulations were enacted in response to a 1907 statute passed in the Netherlands that retroactively treated all Chinese born in the Dutch East Indies as Dutch citizens. Jus sanguinis was chosen to define Chinese nationality so that the Qing could counter foreign claims on overseas Chinese populations and maintain the perpetual allegiance of its subjects living abroad through paternal lineage.
The 1909 law placed restrictions on Chinese subjects with dual nationality within China. At the time, foreign powers exercised extraterritoriality over their own nationals residing in China. Chinese subjects claiming another nationality by virtue of their birth in a foreign concession became exempt from Qing taxation and legal jurisdiction within Chinese borders. A strict policy against automatic expatriation was adopted to prevent this; a Chinese individual's foreign nationality was not recognized by Qing authorities unless specifically approved. Foreigners who acquired Chinese nationality were subject to restrictions as well; naturalized Qing subjects could not serve in high military or political office until 20 years after becoming a Chinese national, and only with imperial authorization.
Nationality law remained largely unchanged in the Republican China, except for a major revision passed by the Kuomintang in 1929 that decoupled a woman's nationality from that of her husband and minimized circumstances in which children would be born stateless. After the Communist Revolution, the new government abolished all republican-era legislation but did not immediately create laws to replace them. Mainland China lacked formal nationality regulations until greater legal reform began in the late 1970s to 1980s. The government unofficially applied the 1929 statute during this time to resolve nationality issues, and also made a mother's nationality normally transferable to her children outside of cases where the father is stateless. The PRC does not recognize dual nationality and actively discouraged its occurrence in its treaties with Indonesia, Nepal, and Mongolia in the 1950s. When the National People's Congress adopted the current nationality law in 1980, a further stipulation was added that automatically revokes nationality from Chinese nationals who settle overseas and voluntarily acquire foreign citizenship.
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