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Interpreting the Nationality Law of the People's Republic of CN

SFBC 上海外事商务咨询中心 2021-08-01
Acquisition of Nationality  国籍的取得According to the Nationality Law, the following persons possess the nationality of the People's Republic of China:

根据《国籍法》规定,以下人具有中华人民共和国国籍:

Being born in the People's Republic of China, and either or both parents are citizens of the People's Republic of China;在中华人民共和国出生,父母双方或一方为中华人民共和国公民;Being born outside the People's Republic of China and either or both parents are citizens of the People's Republic of China;在中华人民共和国外出生,父母双方或一方为中华人民共和国公民;Being born in the People's Republic of China with parents who are stateless or of unknown nationality and who are settled in the People's Republic of China;

在中华人民共和国出生,父母无国籍或国籍不明及定居在中华人民共和国;

Possessing foreign nationality or being stateless and willing to abide by the Constitution and laws of the People's Republic of China, and having one of the following conditions:

具外国国籍或无国籍的及愿意遵守《中华人民共和国宪法》和法律,并具有下列条件之一:

Having applied for approval to acquire the nationality of the People's Republic of China;经申请批准加入中华人民共和国国籍;A close relative of a Chinese nationality;中国人的近亲属;People who are settled in the People's Republic of China;定居在中华人民共和国的;Have other justifiable reasons.有其它正当理由。Loss of Nationality  国籍的丧失According to the Nationality Law, the following persons do not have the nationality of the People's Republic of China:

根据《国籍法》规定,以下人不具有中华人民共和国国籍:

Those whose parents, both or one of whom are citizens of the People's Republic of China and are settled in a foreign country, and who have the foreign nationality at birth;父母双方或一方为中华人民共和国公民并定居在外国,且出生时即具有外国国籍的人;A person who is a citizen of the People's Republic of China settled in a foreign country and who voluntarily joins or acquires a foreign nationality;

定居外国的中华人民共和国公民,自愿加入或取得外国国籍的人;

Citizens of the People's Republic of China whose application for withdrawal of Chinese nationality has been approved if they have one of the following conditions:

具有下列条件之一的,申请退出中国国籍获得批准的中华人民共和国公民:

A close relative of the foreigner;外国人的近亲属;Those who are settled in a foreign country;定居在外国的;Having other justifiable reasons.有其它正当理由。Dual Nationality  双重国籍The Nationality Law stipulates that the People's Republic of China does not recognize dual nationality for its citizens, which means that a citizen of the People's Republic of China (excluding Hong Kong and Macao) can only have the sole nationality of the People's Republic of China. According to Article 8 of the Nationality Law, it is stipulated that a person who applies for citizenship of the People's Republic of China shall not retain a foreign nationality after his or her application has been approved to acquire the nationality of the People's Republic of China. According to Article 9 of the Law, a citizen of the People's Republic of China who has settled in a foreign country and voluntarily accedes to or acquires a foreign nationality shall automatically lose the nationality of the People's Republic of China.《国籍法》规定,中华人民共和国不承认其公民具有双重国籍,即是中华人民共和国公民(不包括港澳)只能具有唯一的中华人民共和国国籍。根据《国籍法》第八条,规定申请加入中华人民共和国国籍的人,其申请经批准取得中华人民共和国国籍后,不得再保留外国国籍。根据《国籍法》第九条,定居外国的中华人民共和国公民,自愿加入或取得外国国籍的,即自动丧失中华人民共和国国籍。Double Approval  双重审批According to Article 16 of the Nationality Law, applications for accession, withdrawal and restoration of Chinese nationality shall be approved by the Ministry of Public Security of the People's Republic of China. If approved, a certificate shall be issued by the Ministry of Public Security.However,,Article 6 of the Interpretation of the Standing Committee of the National People's Congress on Several Issues Concerning the Implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region (hereinafter referred to as the Interpretation) stipulates that the Immigration Department of the Government of the Hong Kong Special Administrative Region shall be the authority for processing applications for nationality in the Hong Kong Special Administrative Region,and that the Immigration Department may also handle all applications for nationality in accordance with the Nationality Law and the Interpretation. The Standing Committee of the National People's Congress has made similar arrangements for the Macao Special Administrative Region. Generally speaking, nationality matters are of a sovereign nature and should be matters for the Central People's Government of the State.The fact that the two local governments of Hong Kong and Macao SARS are now authorized to deal with the nationality of their residents can be considered a rather special arrangement.根据《国籍法》第十六条规定,加入、退出和恢复中国国籍的申请,由中华人民共和国公安部审批。经批准的,由公安部发给证书。但《全国人民代表大会常务委员会关于〈中华人民共和国国籍法〉在香港特别行政区实施的几个问题的解释》(以下简称《解释》)第六条规定,香港特别行政区政府入境事务处为香港特别行政区受理国籍申请的机关,同时入境事务处亦可根据《国籍法》和《解释》对所有国籍申请事宜作出处理。全国人民代表大会常务委员会对澳门特别行政区也作了类似安排。一般而言,国籍事务具有主权性质,应属国家的中央人民政府管理的事务。现在授权港澳特区两个地方政府处理其居民的国籍事务,可说是一比较特殊的安排。


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