Laws Information

法規資訊
Title: Household Registration Act
Am Date: 2015-01-21
Legislative History: 60,61,65-1,66 and 69 amended and promulgated on January 21, 2015, by Hua-Zong-(1)-Yi-Zi No.10400005621 Order of the President.

Transaction

Amended

Article 5-1
The household registration records mentioned in this Act refer to current household registration records, cancelled household registration records, census registration records during the Japanese colonial period, household registration application forms, original household registration records, booklets, cards, and computer storage media.
The current household registration records mentioned in the preceding paragraph refer to the household registration records of current members and non-current members who previously resided there but moved to a foreign country, died or are presumed dead, and household annulment registration within a household under the same household head. Cancelled household registration records refer to the household registration records before household head alteration.
The format and content of current household registration records, cancelled household registration records, and household registration application forms shall be stipulated by the central competent authority.

Article 14-1
The acquisition, forfeiture, alteration, or recovery of Indigenous status and tribe should be filed for Indigenous status and tribe group
The registration in the preceding paragraph  shall be processed in accordance with the Status Act For Indigenous People and its relevant laws and regulations.

Article 34-1
The applicant for indigenous peoples status and tribe registration shall be himself/herself, except for an unmarried minor, the acquisition or alteration of Indigenous status and tribe group registration shall be applied for by the statutory agent.

Article 48-1
The following household registrations shall be filed directly by the household registration office without notification procedure:
1. Registration of Presumption of Death.
2. Household annulment registration of loss of ROC nationality.
3. Household revocation registration of revoking the household registration under the preceding subparagraph.
4. Household revocation registration of revocation of the ROC nationality.
5. Household revocation registration of loss of citizenship of Taiwan.
6. Household annulment registration of loss of citizenship of Taiwan.

Article 48-2
The following household registrations shall be filed directly by the household registration office if the concerned parties still fail to apply for relative registration for themselves after notification:
1. Birth registration
2. Registration of legal guardianship
3. Assistance registration
4. Registration to exercise responsibility for the rights and obligations for minor children
5. Registration of death
6. Initial household registrations
7. Registrations of re-location
8. Alteration (Correction), revocation and annulment registrations
9. Registrations of personal status upon court’s final judgment, court mediation or court settlement.

Article 66-1
A person himself/herself shall apply for a marriage certificate, divorce certificate, marriage record certificate, movement record certificate or name alteration record certificate. In case the applicant is unable to make the application personally, he/she shall entrust another person to make with a Letter of Proxy.
The format of the certificates in the preceding paragraph shall be stipulated by the central governing authority.
Article 4
Household registration as used herein shall mean the following registrations:
1. Registrations of personal status:
(1) Birth Registration
(2) Registration of Parentage
(3) Adoption and Adoption Termination Registration
(4) Marriage and Divorce Registration
(5) Registration of legal Guardianship
(6) Assistance Registration
(7) Registration of exercising responsibility of the rights and obligations for minor children
(8) Registration of Death and Presumption of Death
(9) Registration of Indigenous status and tribe group
2. Initial Household Registrations
3. Registrations of Movement:
(1) Moving-out Registration
(2) Moving-in Registration
(3) Address Alteration Registration
4. Household Separation (Combination) Registration
5. Birth Place Registration
6. Registration according to other laws

Article 6
Any nationals under 12 years of age born in the ROC, shall be subject to Birth Registration; the same applies to abandoned or helpless children who have not yet applied for household registration.

Article 13
For the executing or exercising of the rights and obligations toward minor children, once it is mutually agreed by parents or is the court’s final judgment, achieved mediation or settlement that they should be assisted by either or both parties, he/she or they should conduct Registration of the executing or exercising of the rights and obligations toward minor children.

Article 14
Any death or presumption of death shall be subject to Registration of Death or Presumption of Death.
After the prosecutors office, military prosecutors office, or a medical institute has issued the autopsy certificate, death certificate or the court has declared death of the person in the final judgment, it is necessary to hand the certificate or declaration and purport of the decision to the competent authorities of the municipality and the county (city) where the domicile place is registered.
Regulations on the preceding procedure, duration, methods and other items to be followed are as stipulated by the central competent authority.

Article 15
Those who don’t have domestic household registration shall make Initial Household Registration if they meet one of the following conditions:
1. An ROC citizen who enters the country and has been approved to reside domestically.
2. A foreign national or stateless person who has become naturalized or regained his/her ROC nationality and has been approved to reside domestically.
3. A citizen from Mainland China, Hong Kong or Macau who has been approved to reside domestically.
4. Those born in the ROC, are over 12 years of age, without birth registration, reside in ROC legally and have never departed from the country.

Article 16
Those who move out of the jurisdictional area (township, city, district) for over 3 months shall be subject to Moving-out Registration, except when movement is made owing to the requirements otherwise provided by laws, military service, schooling within the country, imprisonment, and dwelling in long-term care institutions or other similar premises.
When the all household members move, missing persons with a case number compiled by police authorities, those who are in detention or who have left the country for less than two years shall be moved accordingly.
Those absent from ROC for 2 years and over shall be subject to Moving-out Registration. People meeting the following conditions are not applicable to the above provisions:
1. A person who has been stationed overseas by government order or the family of such person.
2. Working on an ROC oceangoing fishing ship.
An ROC national who departs from the country, but enters with no ROC passport or other entrance documents, though he or she is in the country, he or she is still considered having left the ROC for 2 years and over and shall be subject to Moving-out Registration.

Article 17
Those who have moved in from other jurisdictional domiciliary areas (township, city, district) for 3 months or more shall be subject to Moving-in Registration.
A person having household registration originally, who moved out to a foreign country, enters ROC territory with an ROC passport or entrance documents and stays for over three months, shall apply for the Moving-in Registration. When the person having household registration originally is approved to have nationality restored, the above item shall be applied likewise.

Article 20
When an ROC national applies for Initial Household Registration, the place of birth shall meet one of the following conditions:
1. For the application for household registration, the place of birth shall be the province (municipality) or the county (city) where the national was born.
2. For an abandoned and helpless child whose birthplace is unknown, the place of birth shall be the place where he/she was found.
3. For a child who was born on a ship or an airplane so that the birthplace cannot be defined, the place of birth shall be the place of registration for such ship or airplane, ROC nationality or port of registry.
4. If the person concerned was placed and educated at welfare institutes for children and youth, and the birthplace is unknown, the place of birth shall be the place where such institute is located.
5. If a child was born in a foreign country or area, the place of birth shall be the country or area to which the birthplace where he/she was born belongs.
6. As stipulated in subparagraph 5, if the birthplace is unknown, the place of birth shall be the place where he/she resides.

Article 23
Any item of the household registration that does not exist from the beginning or is invalid from the beginning shall be subject to Revocation Registration. The revocation of loss of ROC nationality or the revocation of ROC nationality shall be applied likewise.

Article 26
The application for household registration shall be filed with the household registration office where the place of domicile is registered, except for the following:
1. For register of an item announced and assigned by the central competent authority, the applicant shall apply to the household registration office outside of where his or her permanent residence is located.
2. If both or either of the parties concerned has or had once a household registration within the country, when they are married or divorced within the country, the marriage registration or  divorce registration shall be applied for at any party’s household registration office.
3. If both or either of the parties concerned has or once had a household registration within the country, when they are married or divorced overseas, they shall submit related documents to ROC embassies, consulates general, consulates, representative offices, or offices (hereinafter referred to as “Diplomatic Missions”), or to organizations or civilian groups in Hong Kong and Macau designated by the Executive Yuan, to have them authenticated. After authentication, the documents will be forwarded to the household registration office where the applicant’s place of domicile is, or was originally, registered for marriage or divorce registration.
4. If neither of the parties concerned have a household registration within the country, when they are married or divorced within the country, the marriage registration or divorce registration shall be applied for at any party’s household registration office; when they are married or divorced overseas, they shallbring related documents to ROC Embassies or Missions Abroad, organizations or civilian groups in Hong Kong and Macau designated by the Executive Yuan to apply for certificates. After verification, the certificates will be forwarded to the household registration office where the central competent authority is located designated by the central competent authority for marriage or divorce registration.
5. For an Initial Household Registration, the applicant must apply with the household registration office where he or she resides currently
6. For a Moving-out Registration, the applicant must apply with the household registration office where he or she is to immigrate to.

Article 29
The applicant for Birth Registration shall be the father, mother, grandfather, grandmother, head of the household, cohabitant or foster parent.
For the abandoned or helpless child, the applicant of Birth Registration mentioned in the preceding paragraph may be the children’s welfare organization.

Article 34
The applicant for Divorce Registration shall be both parties concerned. However, for divorce through final court decree, court mediation or court settlement, or if the divorce had been effective, the applicant shall be one of the parties concerned.

Article 35
The applicant for Registration of legal Guardianship shall be the legal guardian.
The applicant for Assistance Registration shall be the assistant or the person who is subject to the order of commencement of assistance.
The applicant for Registration of the executing or exercising of the rights and obligations of minor children shall be one or both of the parties concerned.

Article 46
The applicant for Alteration, Correction, Revocation or Annulment registration shall be the concerned party himself/herself. If the concerned party will not or cannot apply the application, the applicant should be the original applicant or interested person. The household registration office should also notify the concerned party after registration. The household registration office shall proceed with the alteration, correction, revocation or annulment registration directly at its discretion likewise.

Article 48
The applications for household registrations should be made within 30 days after the cases concerned occur or are ascertained; however, Birth Registration must be made within 60 days.
The household registration office should still accept overdue applications.
When the household registration office finds overdue applications that are not made within the statutory time limit, it

Article 49
In case of the surname of concerned party of the Birth Registration is not sure according to related laws, if the child is legitimate, the applicant can decide the child to be registered with the father or mother’s surname upon taking a draw; if the child is illegitimate, the child is registered with the mother’s surname; if the child is abandoned or helpless, the child is registered with the legal guardian’s surname.
Should the household registration office register a child according to subparagraph 1 of previous Article, if the child is legitimate, the applicant can register the child with the father or mother’s surname upon taking a draw; if the child is illegitimate, the child is registered with the mother’s surname; if the child is abandoned or helpless, the child is registered with the legal guardian’s surname and the director of the household registration office should give the child a first name.

Article 51
A National Identification Card (hereinafter referred to as National ID Card) represents one person’s identity, and is effective throughout the country.
The Household Certificate should contain current household registration records within the household under the same household head, list all the members within the household. The head of the household should be listed in the first column.

Article 52
The format, content, and photo specifications of the National ID Card and Household Certificate shall be stipulated by the central competent authority.
The issuance, photo file content, preservation, usage, examination and other items of the National ID Card and Household Certificate shall be stipulated by the central competent authority

Article 53
The blank National ID Card and blank Household Certificate shall be printed by the competent authorities of municipalities and the counties (cities), if necessary, shall be printed only by the central governing authorization.

Article 58
When a person applies for household registration and this results in changes on National ID Card information, he or she shall at the same time apply for a replacement of their National ID Card.
One must apply for a replacement of National ID Card when his or her National ID Card is damaged or of the National ID Card photo is replaced.
When there are changes to the Household Certificate, a replacement Household Certificate must be applied for.

Article 60
In case of initial issuance or re-issuance of National ID Card, the person concerned shall claim the card in person.
In case of replacement of National ID Card, he/she shall  entrust some other person with a Letter of Proxy to make the claim, except a replacement of National ID Card due to replacement of photo, when the person concerned shall claim the card in person.
When the head of the household in person or by delegation conducts registration of movement for the whole household or partial household members, the applicant can at the same time apply for replacement of National ID Cards and is not bound by the restriction mentioned above.

Article 61
The initial issuance, re-issuance, replacement, and national-wide replacement of National ID Card shall be proceeded as follows:
1. Initial issuance, re-issuance, replacement of National ID Card: Apply at the household registration office where the place of domicile is registered.
2. Replacement: When applying for household registration which has caused changes to National ID Card information, the householder shall apply for replacement at the household registration office where the place of domicile is registered; for a damaged National ID Card or replacement of photo, the applicant can apply at any household registration office.
For the situation stipulated in the first paragraph above, for registration of an item announced and assigned by the central competent authority, the applicant shall apply with the household registration office outside where the place of domicile is registered.

Article 65-1
The applicants shall apply for their Kinsfolk Relation Record at any household registration office if they meet one of the following conditions:
1. Are required to verify family relationships as stipulated according to Article 15 or Article 29, the Artificial Reproduction Act.
2. Are required to verify family relationship for organ donation as stipulated according to Article 8, the Human Organ Transplant Regulation.
3. Are required to verify the descendent’s spouse and the genetic relationship for Inheritance Registration.
4. Are required to verify their fathers or mothers are ROC nationals according to Article 2, Nationality Act.
5. Are required by court or trial to verify their Kinsfolk Relation Record.
6. Are required to verify their Kinsfolk Relation Record according to other laws.
The Kinsfolk Relation Record mentioned in the preceding paragraph is the family relationship certificate linked from the household registration record issued by the household registration authority according to related provisions.
In case the applicant in the preceding first paragraph is unable to apply for the Kinsfolk Relation Record, he/she shall entrust another person to apply with a Letter of Proxy.
When the applicant or Legal Proxy indicated in the preceding first paragraph applies as regulated above, the household registration office shall only provide the partial Kinsfolk Relation Record that concerns the applicant.
The scope of the applicant, identification of interested persons, format of data provided, required documents in application, verification methods, verification procedures and other matters to be complied with in the preceding paragraph will be stipulated by the central competent authority

Article 66
Application for Household Certificate Transcript can be made at any household registration office. When applying for review of original household registration record or the Japanese Colonial Household Registration record before the record is online, the applicant shall apply at the original household registration office where the place of domicile is registered.

Article 69
Nationals who apply for their National ID Card, Household Certificate, Household Certificate Transcript, Marriage Certificate, Divorce Certificate, Marriage record Certificate, Movement record Certificate or Name alteration record Certificate, copy of original household registration record, Kinsfolk Relation Record, household statistics, reviewing of household registration record pursuant to the present Law shall pay fees, of which the criteria shall be stipulated by the central competent authority.
Article 10
(Deleted)