Annotated Republic of China Regulations/Enforcement Rules of the Name Act/2004

Enforcement Regulations of the Name Act Republic of China

* Promulgated by Ministry of the Interior on Jun. 20, 1953; enacted on the same day, Ref. No. 32492. Amendment promulgated by Ministry of the Interior on Jun. 28, 1955, Ref. No. 71748. Amendment promulgated by Ministry of the Interior on May 10, 1958, Ref. No. 8378. Amendment promulgated by Ministry of the Interior on Oct. 19, 1961, Ref. No. 67693. Amendment promulgated by Ministry of the Interior on Mar. 11, 1983, Ref. No. 298146. Amendment promulgated by Ministry of the Interior on Feb. 12, 1992, Ref. No. 8174535. Amendment promulgated by Ministry of the Interior on Feb. 5, 1997, Ref. No.8678274. Amendment promulgated by Ministry of the Interior on Oct. 18, 2000, Ref. No.8965863. Amendment promulgated by Ministry of the Interior on Oct. 11, 2001, Ref. No.9008838. Amendment promulgated by Ministry of the Interior on Jan. 29, 2004, Ref. No.0930065809.

Article 1.

These Regulations are stipulated pursuant to Article 13 of the Name Act (hereinafter referred to as "the present Act").

Article 2.

The formal name of a national having domiciliary register shall be identified by the national identity card; whereas for　the person under the age of fourteen (14), the formal name can be identified by the household register or the transcript of domiciliary register as a substitute.　

Before a person applies for naturalization or restoring nationality, his/her formal name shall be identified by the permit of naturalization or restoration of nationality. The formal name of a national residing abroad without domiciliary register in the Republic of China (R.O.C.) may be identified by the following document:

1. Passport

2. Overseas Chinese ID certificate.

3. Overseas National Register

4. Nationality Certificate

5. Evidencing document carrying formal Chinese name certified by an embassy or representative of R.O.C. or any other Ministry of Foreign Affairs (MOFA) authorized organization abroad (hereinafter referred to as the "R.O.C. representative abroad"):

(1) Identification card or any other certificate issued by the government of R.O.C.,

(2) Certificate issued by an overseas school (non-military) registered or filed with the government of R.O.C.,

(3) Certificate issued by an overseas Chinese association registered with the competent government authority, or

(4) Document certified by a R.O.C. representative abroad.

　

Article 3.

A national making initial domiciliary registration shall make certain of his/her formal name for the registration by law.

Taiwan Aborigines’　names are registered by a Chinese name or a traditional name, and may be registered alongside a Romanized traditional name.

Any foreigner or stateless person who is to marry a Chinese citizen, shall confirm his or her Chinese name in written form in marriage registration; his or her children’ s Chinese names are processed according to related laws.　

In case a foreigner or a person of non-nationality applying for naturalization as a R.O.C. national shall make certain of his/her Chinese family name. The Chinese name of a person applying for restoring R.O.C. nationality shall be such Chinese name at the time when he/she lost R.O.C. nationality.

Article 4.

Any person who applies for a change in his/her Chinese family name, a new family name, a return to his or her original name, a name change, a change in both his/her Chinese family name and name, a return to his or her traditional name, or a return to his or her original Chinese name, or a Romanized traditional name according to this regulation, shall fill in the application, along with the certificate (unnecessary if the application is for a return to his or her traditional name), and submit for approval of the registry office where the domicile place is registered.

The Romanization of Aborigines’　traditional names is based on that from the applicants themselves; and the Romanization system is provided by the Aboriginal Affairs Commission under the Executive Yuan.

The application of a national residing abroad applying for the matters set forth in paragraph 1 shall be:　

1. Approved by thence transferred from a R.O.C. representative abroad to the domicile place for approval in case of having domiciliary register in R.O.C., or

2. Approved by a R.O.C. representative abroad in case of having no domiciliary register in R.O.C.　

　　

Article 5.

Certificate documents for applying for a change in a family name pursuant to item six of this article are as follows:

1. The certificate document of adoption, pursuant to sub-paragraph 1, paragraph 1.

2. The court verdict and the confirmation certificate or the proof document of adoption termination, pursuant to sub-paragraph 2, paragraph 1.

3. The certificate document of executing or bearing the rights and obligations of the minor, pursuant to sub-paragraph 3, paragraph 1.

4. A replicate of the census record during Japanese occupation, 　 a replicate of the initially registered domicile registration after the Restoration of Taiwan, or other adequate proof documents, pursuant to sub-paragraph 4, paragraph 1.

5. Other certificate documents for family name change, pursuant to law.

Article 6.

The certificate documents for applying for a name change according to Article VII of this statute are as follows:

1. The evidencing documents issued by an authority, organization, association and school pursuant to sub-paragraph 1, paragraph 1.

2. The ID card, household register, transcript of domiciliary register or any other identity document of the lineal ascendant that carries the same name in case the application is made pursuant to sub-paragraph 2, paragraph 1.

3. The transcript of domiciliary register carrying the same name in case the application is made pursuant to sub-paragraph 3, paragraph 1 .

4. The notification letter issued by the civil service selection and appointment authority in case the application is made pursuant to sub-paragraph 4, paragraph 1.

5. The official document or bulletin carrying the warrant of arrest in case the application is made pursuant to sub-paragraph 5, paragraph 1.

6. The transcript of the initial domiciliary registration in case the application is made pursuant to sub-paragraph 6, paragraph 1; however, in case of the second change of name, the transcript of domiciliary register for the first change of name shall also be submitted.

Article 7.

The certificate documents for applying for a name change according to Article VIII of this statute are as follows:

1. The certificate carrying formal name in case the application is made pursuant to sub-paragraph 1.

2. The identity certificate of monk or nun, or the certificate of restoration to the laity in case the application is made pursuant to sub-paragraph 2.

3. The certificate issued by the organization where a person works in case the application is made pursuant to sub-paragraph 3.

Article 8.

Any person who applies for any item in Article IV, if approved and holding the documents, may file for the registration of a name change or for a change of registration on the certificate.

Article 9.

In case of applying pursuant to paragraph 1 of Article 9 of the present Act for the names in diplomas, work certificates, licenses, property certificates and other certificates, an application form shall be filled out, stating the reason for the difference between the name in such documents and the formal name, and attached with the transcript of domiciliary register or the documents fully proving that these two names are actually belonging to the same person and the certificates in which the names in the diplomas, work certificates, licenses and other certificates should be corrected, to apply to the original issuing authorities or competent authorities for correction, re-marking or replacement respectively.

Article 10.

In case of applying pursuant to paragraph 1, Article 9 of the present Act for correcting any formal name, an application form shall be filled out, attached with relevant transcripts of domiciliary register and the diplomas, work certificates, licenses, other certificates or other evidencing documents　　 issued before the present Act enacts, to apply to the population office at the domicile place for correction.

Article 11.

After an application for a family name change, a new family name, a return to an original name, a name change, a change of both family name and name, a correction of an original name, a return to a traditional name, or a return to an original Chinese name, or an　 　 additional Romanized traditional name, is approved, the registry　 office shall provide information when related organizations apply for a check according to regulations.　

Article 12.

If each kind of application stipulated by this statute is incompliant with the regulations, the approval organization shall reject it in written form.

Article 13.

When it receives an application for a family name change, a name change,　or both by a national above fourteen years old, the registry office shall　check for compliance with the condition of Article 12 in this statute.

Article 14.

These particulars are enforced starting on the day of announcement.