Annotated Republic of China Laws/Passport Act/2000

←1989

Passport Act Republic of China (Taiwan) Law 2000

2015→

Article 1

The application to, and issuance and management of, the passports of Republic of China (hereinafter referred to as “ROC”) is governed by the Passport Act (hereinafter referred to as“the Act”). Matters not regulated by the Act shall be governed by other relevant laws and regulations.

Article 2

The Competent Authority of the Act is the Ministry of Foreign Affairs (hereinafter referred to as “the Ministry”).

Article 3

Passports shall be produced by the Competent Authority.

Article 4

No passport shall be withheld unless otherwise stipulated in accordance with the law.

Article 5

Passports shall be categorized as diplomatic, official or ordinary.

Application procedures and documents required for passport application shall be prescribed by the Competent Authority.

Article 6

Diplomatic passports and official passports shall be issued by the Competent Authority; ordinary passports shall be issued by the Competent Authority, overseas embassies and consulates, representative offices, offices or other agencies authorized by the Ministry (hereinafter referred to as “Overseas Missions”).

Article 7

The following persons are eligible for diplomatic passports:

1. Diplomatic and consular personnel, their dependents, and attendants of chiefs of Overseas Missions.
2. Personnel sent abroad by the Central Government on diplomatic missions, their dependents, and their approved attendants.
3. Diplomatic messengers.

Article 8

The following persons are eligible for official passports:

1. Personnel sent abroad on official missions by government agencies at various levels and their dependents.
2. Personnel sent abroad on official business by government agencies at various levels, and their accompanying spouses.
3. ROC nationals who are employed by international organizations, and their dependents.

Dependents specified in subparagraphs 1 and 3 of the preceding paragraph of this ;Article and subparagraphs 1 and 2 of the preceding Article are spouses, parents and unmarried children.

Article 9

Ordinary passports are issued to ROC nationals. This provision, unless approved by the Competent Authority, does not apply to those who possess resident status in the Mainland Area, Hong Kong and Macao, or those who possess passports issued by Mainland Area authorities.

Article10

Passport holders shall not share their passport with others. Unless they have special reasons that have been approved by the Competent Authority, no passport holder shall possess more than one passport simultaneously.

Minors who apply for a passport shall obtain consent from their father, mother or guardian; married minors are not required to do so.

Article 11

Diplomatic passports and official passports are valid for up to five years. Ordinary passports are valid for up to ten years. For people under fourteen years of age, ordinary passports are valid for up to five years only.

The validity of passports specified in the preceding paragraph may be prescribed by the Competent Authority.

Passports shall not be extended after expiry.

Article 12

In regards to ordinary passports held by males who have not yet fulfilled their compulsory military service, the validity, required annotated stamps, application for replacement and re-issuance, and endorsement of overseas Chinese status shall be prescribed by the Competent Authority after consultation with other relevant authorities.

Article 13

Items and the methods by which they are entered in passports shall be prescribed by the Competent Authority.

Article 14

Items to be added in passports may be endorsed or amended in accordance with laws and regulations if necessary.

Items and methods for adding endorsement or amendment mentioned in the preceding paragraph shall be prescribed by the Competent Authority.

Article 15

Applicants shall apply for replacement of a passport if:

1. The passport has been stained, damaged or is unfit for use.
2. Alteration of the holder’s countenance has rendered his/her appearance inconsistent with the passport photograph.
3. The holder’s Chinese name has been lawfully changed.
4. The holder has acquired or changed National Identification Code.
5. Defects and blemishes are found in the passport.

Applicants may apply for a replacement of their passport if:

1. Their passport is valid for less than one year.
2. The format of their passport is not the most recent.
3. The holder deems a replacement necessary and has obtained approval from the Competent Authority.

If the passport specified in subparagraph 1 of Paragraph 1 is valid for more than three years, the replacement passport shall be valid for the same period. If the passport is valid for less than three years, the replacement passport shall be valid for three years. This provision does not apply in certain exceptional instances that have been approved by the Competent Authority.

If one of the instances stated in subparagraphs 2 through 5 of paragraph 1 and paragraph 2 arises, the validity of the replaced passport shall be decided upon in accordance with Article 11.

Article 16

Passport holders who lose their passports may apply for re-issuance in accordance with the laws and regulations. Application procedures and required documents shall be prescribed by the Competent Authority.

The Competent Authority and Overseas Missions may shorten the validity of the reissued passports specified in the preceding paragraph.

Article 17

Diplomatic or official passport holders shall return their passports to the Competent Authority for cancellation upon termination of their missions unless otherwise approved by the Competent Authority.

Article 18

The Competent Authority or Overseas Missions shall not issue a passport if:

1. The applicant uses a false identity, provides false information when applying, or uses documents that have been illegally acquired, counterfeited, or tampered with.
2. Civil or military law agencies inform the Competent Authority not to do so.
3. Other administrative agencies restrict applicants from leaving the country or from applying for passports in accordance with the law and notify the Competent Authority thus.

Article 19

The Competent Authority or Overseas Missions shall withhold a passport and have it processed in accordance with relevant regulations if:

1. The passport was acquired illegally or under a false identity, is counterfeit, or has been tampered with.
2. Civil or military law agencies request the Competent Authority to do so.
3. One of the instances as stated in subparagraph 3 of the preceding Article upon application for passport replacement or endorsements arises.

In the case of a passport acquired illegally or through false identity, or which has been tampered with, the Competent Authority or Overseas Missions shall revoke previous approvals for issuance and cancel the said passport.

The Competent Authority or Overseas Missions shall cancel the validity of counterfeit passports.

Previous approvals of passport issuance shall have the validity terminated and the relevant passports shall be cancelled by the Competent Authority or Overseas Missions if:

1. One of the instances as prescribed in subparagraphs 2 or 3 of Paragraph 1 arises.
2. The passport holder’s citizenship status has been changed to that of the Mainland Area and the Competent Authority has been notified thereof by the authorities concerned.
3. The passport holder has lost his/her ROC nationality, and the Competent Authority has been notified thereof by the authorities concerned.
4. The passport has not been collected by the applicant within three months after the date of issue.
5. An application for replacement of passport has been filed or the passport has been declared lost.
6. The passport has been illegally withheld by another party and there is sufficient evidence to suggest that it will not be returned.

Article 20

For those who are not permitted to acquire a passport in accordance with Article 18, or whose passports have been withheld or canceled in accordance with Paragraph I and subparagraphs 1 and 6 of Paragraph 4 of the preceding Article, the Competent Authority or Overseas Missions may issue travel documents exclusively for ROC nationals to return from abroad.

Article 21

Except in situations prescribed in subparagraph 3 of Article 18, subparagraph 3 of Paragraph 1, and subparagraphs 4 through 6 of Paragraph 4 of Article 19, the Competent Authority or Overseas Missions, when handling situations in accordance with Articles 18 or 19, shall send a written notice to the party concerned explaining reasons for denial and appeal procedures.

The Competent Authority or Overseas Missions may not notify the parties concerned to state their opinions when handling situations in accordance with Articles 18 or 19.

Article 22

Diplomatic and official passports are issued gratis. Fees shall be charged on ordinary passports except when they are issued for official purposes and approved by the Competent Authority. The fees charged shall be prescribed by the Competent Authority.

Article 23

Those who counterfeit or tamper with National Identification Cards (hereinafter referred to as “I.D.”) when applying for passports and cause damage to the public or to others shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than five hundred thousand New Taiwan Dollars.

Those who use documents specified in the preceding paragraph shall be subject to the same penalty.

Those who surrender their I.D.s to others or report a loss of I.D. fraudulently so that another party can apply for a passport or I.D. under a false identity shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than one hundred thousand New Taiwan Dollars.

Those who use false identity as specified in the preceding paragraph shall be subject to the same penalty.

Those entrusted with passport applications and who are fully aware of the facts stated in Paragraphs 1 through 4 of this Article, or are aware that photographs have been counterfeited, tampered with or presented under false identity, shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than one hundred thousand New Taiwan Dollars.

Article 24

Those who counterfeit or tamper with passports and cause damage to the public or to others shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than five hundred thousand New Taiwan Dollars.

Those who use documents specified in the preceding paragraph shall be subject to the same penalty.

Those who surrender passports to others or report the loss of their passports fraudulently so that others can use them shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than one hundred thousand New Taiwan Dollars.

Article 25

Those who violate Article 4 to withhold others’ passports and cause damage to the public or to others shall be punished with imprisonment for not more than five years, detention, and/or a fine of not more than one hundred thousand New Taiwan Dollars.

Article 26

The Enforcement Rules of the Act shall be prescribed by the Competent Authority.

Article 27

The Act shall enter into force on May 21, 2000.