Dual Citizenship China

The People’s Republic of China (PRC) has been known for its ancient history, unique culture, architectural designs, technological development, medicinal traditions, philosophers and religion. Today, China represents one of the fastest growing economies, the most technologically developed and largest economies in the world.

On October 1, 1949, Mao Tse-tung (1893 — 1976) declared the country a “people’s democratic dictatorship”. Mao Tse-tung lead China through a transition period called China’s First Five-Year Plan from 1953-57. This plan was designed to industrialize, collectivize agriculture and centralize the political system of the PRC

China is a unitary multinational state with a very rich cultural background, and is made up of various ethnic groups such as the Han Chinese, the largest ethnic group which constitutes about 91.9% of China’s population, the Zhuang, representing about 8.1%, the Manchu, the Hui, Miao, Uygur, Yi, Mongolian, Tibetan, Buyi, Korean, and other ethnic minorities, all of which are regarded as citizens of the PRC.

Today, China’s population is said to represent more than 20% of the world’s total population which is estimated to be at 6.6 billion. Various studies have shown that by the year 2010, China’s population is expected to reach 1.4 billion.

An aspect of Chinese society that has also proven to be of major interest to citizens and non residents of China — is the PRCs long standing principle on dual citizenship. China’s Nationality Law was adopted at the Third Session of the Fifth National People’s Congress and came into effect on September 10, 1980. It presents a total of 18 Articles which stipulate the conditions under which Chinese citizenship can be acquired in regards to birthright (Articles 2 to 6), naturalization (Articles 7 to 9), resumption (Articles 13), or loss through renunciation (Articles 10 to 12). Articles 14 to 18 dictate the administration of the citizenship application process and nationality laws in general.

The Chinese nationality law was promulgated by Order No. 8 of the Chairman of the Standing Committee of the of the National People’s Congress (NPCSC), which exercises the power of interpreting the constitution and laws of the People’s Republic of China and acts as a de facto legislative body since it is able to modify the legislation set by the NPC. The NPCSC is a committee comprised of 150 members from both the National People’s Congress (NPC) and the People’s Republic of China (PRC).

Upon review of nationality law provision it may be may construed that the domestic policy not recognize or support dual citizenship for any national of the People’s Republic of China, as stated in Article 3 of the nationality law.

A person may become a citizen of China if he or she is stateless or unsure of his nationality. Chinese citizenship is also acquired by persons born in China or a foreign country to parents who are both Chinese citizens or to at least one parent who has Chinese citizenship. A person born in China to a parent who is settled in China is also considered Chinese. However, if one or both of a child’s parents hold Chinese passports, have settled abroad and acquired a foreign nationality, he or she will not be granted Chinese citizenship by birth (Article 5). This is based on the fact that persons who become naturalized in foreign countries will automatically lose Chinese citizenship, as stipulated in Article 9 of the nationality law of China. In regards to becoming a naturalized Chinese, no one is allowed dual citizenship by retaining a second nationality.

In order to obtain approval of an application for the renunciation of Chinese citizenship, a Chinese citizen should have legitimate reasons for wishing to do so, as well as close relatives who are either citizens or permanent residents of another country. Upon renouncing his Chinese citizenship the applicant automatically ceases to be a citizen of the People’s Republic of China.

Resumption of Chinese citizenship is possible as long as the applicant’s reasons are justifiable; but, the second citizenship must be renounced. Dual Citizenship is not accepted in China.

In all instances, the relevant applicant process must be satisfied in order to go through with restoring or renouncing Chinese citizenship. According to the fourteenth article of the citizenship laws of China, applications for Chinese citizenship for children below 18 should be filed by parents or a legal representative. All applications for persons resident in China should go through the competent local public security bureaus for the municipalities or counties, while applicants abroad should present their documents to the Chinese diplomatic representative in that country. The Ministry of Public Security of the People’s Republic of China exercises the power of examining and approving all applications for the naturalization of persons as citizens of China as well as the renunciation and resumption of Chinese citizenship.

Despite the clauses of the Chinese laws on dual citizenship, accounts have revealed that many Chinese who acquired second citizenship are not forced to renounce their Chinese citizenship. It is the speculative “shadow policy” (which seeks to extend Chinese culture and ideology throughout the world) which permits such account of accepted dual citizenship. In order to achieve this Chinese permeation, Chinese citizenship must be retained by its nationals who settle in other countries, so covertly allowing dual citizenship status for foreign affairs and goals.

The subject of dual citizenship and the acquisition of second passports are of great relevance today, in a world where countries seek to spread their cultures, while people constantly travel to all over in search of knowledge and higher education. While acquiring a second passport may offer numerous advantages, doing so however, requires accessing correct information concerning the nationality and immigration of the country involved, for which a second or dual citizenship is concerned.

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