Implementing Article 5 of the Nationality Law of China
· Document Number：No.2204  of the Ministry of Public Security
· Area of Law： Foreign Affairs
· Level of Authority： Departmental Regulatory Documents
· Date issued：09-05-2008
· Effective Date：09-05-2008
· Status： Effective
· Issuing Authority： Ministry of Foreign Affairs Ministry of Public Security
Notice of the Ministry of Public Security and the Ministry of Foreign Affairs on Issues Concerned in Implementing Article 5 of the Nationality Law of China
(No.2204  of the Ministry of Public Security)
The public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; all Chinese embassies and consulates; and the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong and that in Macao:
For the purpose of further regulating the nationality determination work, after soliciting the opinions of the Legal Affairs Committee of the Standing Committee of the National People's Congress, we hereby notify you of the relevant issues concerned in implementing Article 5 of the Nationality Law of the People's Republic of China (hereinafter referred to as the Nationality Law) as follows;
Under Article 5 of the Nationality Law, anyone born abroad with his parents or parent being Chinese citizen(s) shall have the Chinese nationality, unless he acquires a foreign nationality at the time of birth and falls under any of the following circumstances:
I. Both of his parents are Chinese citizens and have settled abroad;
II. One of his parents is of a foreign nationality but the other is a Chinese citizen who has settled abroad; or
III. Both of his parents are Chinese citizens and one of them has settled abroad.
UnderArticle 5 of the Nationality Law, a child of overseas Chinese who acquires a foreign nationality at the time of birth may apply for getting the Chinese nationality according to Article 7 of the Nationality Law.
If you encounter any problem in the process of implementation, please report it to the Ministry of Public Security betimes.
Ministry of Public Security
Ministry of Foreign Affairs
September 5, 2008