If Nationals of the Republic of China Also Possess Foreign Nationality and Wish to Hold Public Office in the Republic of China, How Should They Proceed?

Time:2025/12/23 05:59


I. According to Paragraph 1 of Article 20 of the Nationality Act, nationals of the Republic of China who acquire foreign nationality shall not hold public office in the Republic of China. However, persons falling under any of the following categories, upon approval by the competent authority, may hold public office in the Republic of China:

  1. Presidents of public universities; teachers of public schools at all levels concurrently serving as administrative supervisors; heads and deputy heads of research institutions (organizations); research personnel (including those concurrently serving as academic research supervisors); and heads, deputy heads, and appointed professional personnel (including those concurrently serving as supervisors) of social education or cultural institutions approved and established by competent education or cultural authorities at all levels.
  2. Personnel of state-owned enterprises other than those bearing primary decision-making responsibility for business operation policies.
  3. Non-supervisory positions in various agencies that specialize exclusively in technical research and design work and are employed on a fixed-term contractual basis.
  4. Unpaid advisory commissioners appointed by the competent authority for overseas community affairs in accordance with the organizational law.
  5. Other positions as otherwise provided by law.

The personnel under Categories 1 to 3 above shall be limited to those who possess expertise or special skills that are difficult to find domestically and whose positions do not involve state secrets.

II. Furthermore, according to Paragraph 4 of Article 20 of the Nationality Act, nationals of the Republic of China who also possess foreign nationality shall complete the procedures for renunciation of their foreign nationality prior to assuming office, and shall complete the loss of such foreign nationality and obtain documentary proof within one year. In addition, according to an interpretive letter issued by the Ministry of Civil Service on May 19, 2009 (Ref. No. 0983063976), which states in summary:
“… Personnel who have passed examinations and are assigned to agencies for vacancy-filling training and study have not yet completed the examination process, and may only be formally appointed as civil servants after completing the training period with passing results and obtaining the certificate of passing the examination. Therefore, pursuant to Paragraph 2 of Article 3 of the Enforcement Rules of the Civil Service Employment Act, those who possess Republic of China nationality while also holding foreign nationality and are required by law to renounce foreign nationality prior to assuming office shall, at the time of assuming office, submit an additional written declaration, and shall complete the loss of such foreign nationality and obtain documentary proof within one year from the date of assuming office. The one-year period shall be calculated starting from the day following the date of passing the examination.”