Regulations for Retention and Destruction of Passport

Created:2019-04-29Data Source:Bureau Of Consular AffairsCounter:177

Regulations for Retention and Destruction of Passport

Promulgation Date: December 15, 2018

Article 1
The Regulations for Retention and Destruction of Passport (the “Regulation”) is prescribed in accordance with Article 28 of the Passport Act (hereafter referred to as the “Act”).

Article 2
The Competent Authority of the Regulation is the Ministry of Foreign Affairs.

Article 3
In the event of any one of the following circumstances, the passport shall be filed and recorded and retained by the Bureau of Consular Affairs, Ministry of Foreign Affairs (hereinafter referred to as the “Bureau”), branch offices of Ministry of Foreign Affairs, overseas embassies and consulates, representative offices, and offices (hereinafter referred to as the “Overseas Embassies and Offices”), and the period of retention shall be limited to three years:
1. Passports invalidated by the Bureau, branch offices of Ministry of Foreign Affairs or the Overseas Embassies and Offices pursuant to Subparagraph 1 to 6, Paragraph 2 of Article 25 of the Act.
2. Passports found and sent to the Bureau, branch offices of Ministry of Foreign Affairs or the Overseas Embassies and Offices due to other reasons and failed to be collected after notification.
For passports specified in Subparagraph 1 of the preceding Paragraph, the passport holder may actively file a written request to the agency or office retaining the passport for return of the passport in the event that judicial or military justice agencies and the National Immigration Agency no longer requires the Competent Authority through notification to deny issuance of passport. In such case, the agency or office retaining the passport shall return such passport to the passport holder.
Other than Paragraph 1, the passport seized due to using a false identity, or the information contained in the application is false, forged, altered, or illegally acquired, the period of retention shall be limited to 20 years.

Article 4
In the event of the circumstance specified in Subparagraph 7, Paragraph 2 of Article 25 of the Act, the passport will be filed and recorded and retained by the Bureau, branch offices of Ministry of Foreign Affairs or the Overseas Embassies and Offices, and invalidated within one month thereof.
The branch offices of Ministry of Foreign Affairs or the Overseas Embassies and Offices shall report to the Bureau for proceeding with the invalidation of passport specified in the preceding Paragraph.
The retention period for invalidated passport specified in Paragraph 1 shall be limited to one year.

Article 5
Information such as name, date of birth, national ID number, passport number, reason for retention, date of retention, number of passports, date of return, date of invalidation as well as location shall be specified in the file records referred to in Article 3 and in the preceding Article.

Article 6
In the event that the retention period for passports has expired, the branch offices of Ministry of Foreign Affairs or the Overseas Embassies and Offices shall conduct regular destruction procedure for such passports at the end of every year.

Article 7
The methods of passport destruction include shredding, burning or other methods which are sufficient to achieve complete destruction of the passports.
The index of the file records shall be retained for five years.

Article 8
Passports prepared in error or with defects shall be filed and recorded and destroyed in accordance with the methods specified in Paragraph 1 of the preceding Article.

Article 9
These Regulations shall also apply to the retention and destruction procedure performed by the designated authorities or the non-governmental organizations appointed by the Executive Yuan in Hong Kong and Macao.

Article 10
These Regulations shall come into force as of the date of promulgation.

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