Enforcement Rules of the Passport Act
Enforcement Rules of the Passport Act
The Enforcement Rules of the Passport Act (hereinafter referred to as the “Rules”) are stipulated pursuant to Article 36 of the Passport Act (hereinafter referred to as the “Act”).
The production of passports described in Article 3 of the Act refers to the planning, design, and printing of passports.
The number of pages in passports shall be prescribed by the Competent Authority. If the number of blank pages in a passport is insufficient, additional pages may be added once only.
The stipulation in Paragraph 2 of Article 5 of the Act that no alterations, additions, or deletions shall be made to the passport and no additional stamps shall be affixed thereon refers to any unauthorized modification of the front cover, back cover, or inside pages that may change the original state of the passport.
ROC nationals described in Article 6 of the Act shall submit as proof of ROC nationality any of the following documents:
1. Household Registration Transcript
2. National Identification Card
3. Household Certificate
4. ROC passport
5. ROC nationality certification
6. Overseas Chinese Registry Certificate
7. Overseas Chinese Identity Certificate
8. Document proving ROC nationality of at least one parent and birth certificate of the applicant
9. Other certificates recognized by the Ministry of the Interior
If an Overseas Chinese Identity Certificate as specified in Subparagraph 7 of the preceding Paragraph was issued by the Overseas Community Affairs Council following an application based on proof of overseas Chinese status, it must be accompanied by the documents specified in Subparagraph 8 of the preceding Paragraph.
Diplomatic passports include passports of a diplomatic nature given to persons specified in Article 9 of the Act who are stationed in or are traveling to countries with which the ROC does not have diplomatic relations.
The validity of passports reissued pursuant to Article 14 of the Act shall be the remaining validity of the original passport.
The legal guardian specified in Paragraphs 1 and 2 of Article 16 of the Act refers to the father, mother, or other adult acting as guardian of minor children, or the guardian of persons under guardianship, who have the authority and responsibility to exercise rights and obligations over minor children or persons under guardianship.
When minors under 18 years of age or persons under guardianship are applying for a passport, one of the legal guardians shall present an original copy and photocopy of his or her identification document and sign the passport application form for the minor or person under guardianship. The original copy of the identification document will be returned after inspection.
Passports shall be signed by the holder. Those who cannot sign may affix their fingerprint.
The validity of the passport shall commence on the date of issue.
Passport photos shall comply with the regulations of the International Civil Aviation Organization, and shall not be composite photos. Specifications and standards for passport photos shall be announced by the Competent Authority.
The following information shall be recorded on the passport’s data page:
1. Passport number
2. Passport holder’s Chinese name and foreign name
3. Foreign alias
5. National Identification Number for those with household registration in the ROC
7. Date of birth
8. Place of birth
9. Date of issue and date of expiry
10. Issuing authority
11. On ordinary passports issued by Overseas Missions, the place where the passport is issued
12. Other information as prescribed by the Competent Authority
The dates referred to in Subparagraphs 7 and 9 of the preceding Paragraph shall be recorded in accordance with the Gregorian calendar.
When ROC nationals with household registration in the ROC apply for passports, the Chinese name, National Identification Number, gender, date of birth, and place of birth listed on the passport’s data page shall match the applicant’s household registration data.
For ROC nationals with no household registration in the ROC, the Chinese name contained in their passports shall be decided or changed in accordance with relevant regulations of the Civil Code and Name Act.
Passports shall only contain one Chinese name and one foreign name. No aliases shall be listed for Chinese names. Only one foreign alias shall be listed, unless circumstances specified in Subparagraph 4 of Paragraph 1 of Article 14 apply.
Foreign names in passports shall be recorded as follows:
1. The Roman alphabet shall be used. Foreign names in other scripts shall be converted to the Roman alphabet. The original foreign name in another script may be listed as foreign alias.
2. If the applicant is applying for a passport for the first time, preference shall be given to his or her foreign name—spelled in the Roman alphabet—already used in any of the following documents:
(1) Identification certificates or official documents issued by the ROC government in a foreign language
(2) Identification certificates or official documents issued by foreign governments in a foreign language
(3) Birth certificates issued by domestic or foreign hospitals
(4) Diplomas and certificates issued by public or private schools established with approval of competent education authorities
(5) Certificates issued by overseas Chinese groups or communities registered with relevant ROC government agencies
3. If the applicant is applying for a passport for the first time and does not yet have a foreign name, the applicant shall convert his or her Chinese name to the Roman alphabet using Mandarin pronunciation of the Chinese characters. Applicants from indigenous tribes or other minority groups, who have reverted to their traditional names, may convert their name to the Roman alphabet using the Mandarin pronunciation without distinguishing between surname and given name.
4. The applicant shall continue to use the original foreign name when applying for passport reissuance or replacement. However, if the original foreign name falls into one of the following categories, the applicant may apply to change the foreign name:
(1) The spelling of the foreign name differs from the Mandarin pronunciation of the Chinese name.
(2) The spelling of the foreign name differs from the spelling of the surname of the applicant’s lineal relatives or siblings.
(3) Those who already have a foreign name as specified in Subparagraph 2, as proven by relevant documents submitted for examination.
5. If the Chinese name has been changed legally when applying for passport reissuance or replacement, the applicant shall convert his or her Chinese name to the Roman alphabet using Mandarin pronunciation of the Chinese characters.
6. The order of foreign names shall be surname before first name. The foreign name shall consist of no more than 39 characters, including spaces.
7. Married women adding their husband’s surname to their foreign name or adopting their husband’s surname shall follow what is stated in their household marriage registration or marriage certificate. If the aforementioned documents do not show their husband’s surname, they may still apply to add the surname.
Those who change their foreign names according to Subparagraph 4 or 5 of the preceding Paragraph shall list their original foreign name as alias. If they already have an alias, the original foreign name may be endorsed as an additional alias. The total number of foreign aliases shall not exceed two.
Foreign aliases shall have a surname, which shall be consistent with the surname of the foreign name or converted into the Roman alphabet from the pronunciation of the Chinese surname in the applicant’s native language. The spelling of the first name shall be in compliance with common usage.
The original foreign alias shall continue to be used when applying for passport reissuance or replacement. However, a change of foreign alias may be applied for in the event documents specified in Subparagraph 2 of Paragraph 2 are available. In such case, the original foreign alias shall be deleted and shall not be added as a second foreign alias.
Place of birth in passports shall be recorded as follows:
1. Passport holder born within ROC territory: province, special municipality, or special administrative district
2. Passport holder born outside ROC territory: country of birth
Applicants who have household registration in the ROC but whose National Identification Card or household registration data does not list a place of birth shall declare their place of birth with a written and signed affidavit. Applicants born outside ROC territory shall submit relevant documents.
Applicants who do not have household registration in the ROC shall submit a birth certificate, foreign passport, resident certificate, or an affidavit by a notary public in the country of birth, which lists the applicant’s place of birth, for verification.
A passport holder applying to add information to the passport pursuant to Article 17 of the Act shall fill out a related application form and submit it, together with other required documents, for processing and verification by the Competent Authority or Overseas Mission.
Information specified in Article 17 of the Act includes the following:
1. Foreign alias
2. Overseas Chinese status
3. Other information approved by the Competent Authority
Additions and modifications in passports without electronic chips include the following:
1. Addition or modification of foreign name and foreign alias
2. Addition of overseas Chinese status
3. Modification of place of birth
4. Others approved by the Competent Authority
Modifications of titles in diplomatic and official passports shall be made in accordance with Subparagraph 4 of the preceding Paragraph.
The applicant may only submit one application at a time for the addition or modification of information. The addition or modification of a particular item shall be done only once.
Addition or modification of passport stamps shall be administered by the Competent Authority.
Addition of overseas Chinese status as specified in Subparagraph 2 of Paragraph 2 and Subparagraph 2 of Paragraph 3 shall be done in accordance with relevant regulations prescribed by the Overseas Community Affairs Council.
Defects and blemishes specified in Subparagraph 5 of Paragraph 1 of Article 19 of the Act refer to any of the following:
1. The readable zone of machine readable passports (hereinafter referred to as “MRP”) cannot be read by machines.
2. The recorded data or photograph in the passport contains errors.
3. The cover, lamination, inside pages, sewing thread, or printing of the passport contains abnormalities.
If defects or blemishes in the passport as specified in the preceding Paragraph are not attributable to the passport holder, the Competent Authority may cancel the original passport and reissue a new passport to the passport holder free of charge. The validity of the new passport shall be the remaining validity of the original passport.
Article 20 of the Act concerning lost and destroyed passports refers to passports that are still valid when reported lost or destroyed.
A passport that is recovered after it has been reported lost shall still be deemed lost.
In the event the applicant fails to provide additional documentation or appear in person for an interview as specified in Article 21 of the Act, the passport, in accordance with regulations, shall not be issued, and related application fees shall not be returned.
In the event of suspicions that documents submitted by the applicant have been forged or altered, these documents may be temporarily withheld from the applicant.
When processing applications for issuance, reissuance, or replacement of passports, Overseas Missions shall transmit passport application information to the Bureau of Consular Affairs (hereinafter referred to as the “Bureau”), issue the passport on the Bureau’s behalf, and notify the Bureau on the day of issue. The same applies to locally produced passports without electronic chips. Data of lost passports shall be transmitted to the Bureau for cancellation on the same day a related report is submitted.
Overseas Missions shall forward the original copy of the passport application form referred to in the preceding Paragraph to the Bureau.
The Bureau shall transmit the data specified in Paragraph 1, together with data on issued, reissued, replaced, and lost passports, to the National Immigration Agency daily through electronic communication.
Passports presented in accordance with Paragraph 2 of Article 24 of the Act refer to passports that are provided by the applicant or his or her legal representative for verification in a consular case.
The circumstance specified in Subparagraph 2 of Paragraph 2 of Article 25 of the Act refers to alterations or additions made to the passport or affixation of stamps on the passport, which is submitted to the Competent Authority, Overseas Mission, or other relevant authority in one of the following conditions:
1. The passport cannot be restored to its original state.
2. The passport can be restored to its original state, but the passport holder refuses to comply with the request to restore said passport.
In the event of the aforementioned, the Competent Authority or Overseas Mission shall follow Paragraph 1 of Article 25 of the Act when the passport is deemed to have been altered. If the passport is not an altered passport, the Competent Authority or Overseas Mission shall follow Paragraph 2 of Article 25 of the Act.
A passport issued by an Overseas Mission pursuant to Paragraph 1 of Article 26 of the Act for the specific purpose of traveling back to the ROC shall have validity of one to three months, unless specified otherwise by the Competent Authority.
Information requested from other agencies as specified in Article 35 of the Act refers to any of the following, which the Bureau may obtain through electronic communication:
(1) Information from the Ministry of the Interior on changes of nationality, household registration, as well as reissuance and replacement of National Identification Cards
(2) Information from the Ministry of National Defense on military personnel
(3) Information from the National Immigration Agency on entry in and/or exit from the ROC
For documents submitted pursuant to regulations established in accordance with the Rules and Act, Chinese translations shall be provided if such documents are in a foreign language other than English. In the event the document is produced overseas and not being used locally, both the foreign language version and the Chinese translation shall be authenticated by an Overseas Mission. The same shall apply to documents that are used locally, if deemed necessary by the Overseas Mission.
In the event the documents specified in the preceding Paragraph are produced in Hong Kong or Macau, the Competent Authority, Overseas Missions, or institutions or nongovernmental organizations established or designated by the Executive Yuan to handle passport-related matters in Hong Kong or Macau shall follow the stipulations outlined in the preceding Paragraph.
In the event the documents specified in Paragraph 1 are produced in the Mainland Area, the Competent Authority, Overseas Missions, or institutions or nongovernmental organizations established or designated by the Executive Yuan to handle passport-related matters in Hong Kong or Macau shall require the applicant to submit such documents for authentication by the aforementioned institutions or nongovernment organizations.
The Rules shall enter into force on the date of promulgation.