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Chapter 1. General Provisions
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Article 1
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The household registration for the nationals of the Republic of China (hereinafter referred to as ROC) shall be implemented in accordance with this Act.
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Article 2
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The competent authorities in charge of the administration of household registration are the Ministry of the Interior (hereinafter referred to as MOI) in the central competent authority, the municipal governments in municipalities, and the county(city) governments in counties(cities).
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Article 3
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The household registration shall be made on household basis.
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All members living together in a family or a place under the same managing person, or engaging in common businesses shall belong to one household, with the head of the household or the managing person as the head of the household. Who lives independently may constitute a household with himself/herself as the head of the household.
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One person cannot be registered at two households.
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Article 4
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Household registration used herein shall mean the following registrations:
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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 right and obligation for the minor children
(8) Registration of Death and Presumption of Death
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
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Article 5
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The municipal and the county (city) governments shall establish household registration offices to deal with the household registrations in the area under individual office’s jurisdiction.
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Chapter 2. Categories of Registrations
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Article 6
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Any birth under 12 years of age shall be subject to the Birth Registration, and the same shall also apply to any abandoned or helpless child without household registration.
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Article 7
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Any acknowledgement of parentage shall be subject to the Registration of Parentage.
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Article 8
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Any adoption shall be subject to the Adoption Registration.
Any termination of adoption shall be subject to the Adoption Termination Registration.
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Article 9
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Any marriage shall be subject to the Marriage Registration.
Any divorce shall be subject to the Divorce Registration.
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Article 10
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Those who have registered for marriage or divorce are able to apply for marriage certificates or divorce certificates from the household registration office where the domicile place is registered.
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The format of the certificates should be stipulated by the central competent authority.
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Article 11
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For those people who have no or are limited in capacity to make juridical acts, when they are placed, selected, altered, considered, appointed, or delegated a legal guardian, they should register for the Registration of legal Guardianship.
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Article 12
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For those mentally retarded or mental disabled people with slightly conscious to show their intention or people who have insufficient abilities to recognize their intentions and announced as need of assistance should be registered with the Assistance Registration.
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Article 13
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For the executing or exercising of the right and obligation for the minor children, once it is agreed by both parties according related laws or the court’s judgment that they should be assisted by either or both parties, he/she or they should register for the Registration of the executing or exercising of the right and obligation for the minor children.
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Article 14
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Any death or presumption of death shall be subject to the Registration of Death or Presumption of Death.
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After the prosecutor office, military prosecutor office, or medical institute has issued the autopsy certificate, death certificate or the court has declared death of the person, it is necessary to hand the certificate or declaration to the competent authorities of municipality and the county (city) where the domicile place is registered.
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Regulations on the preceding procedure, duration, methods and other items to be followed are stipulated the central competent authority.
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Article 15
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Those who don’t have domestic household registration shall make Initial Household Registration if they meet one of the following:
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1. An ROC citizen enters the country and has been approved to reside domestically.
2. A foreign national or stateless person has naturalized or regained his/her ROC nationality and has been approved to reside domestically.
3. A citizen from Mainland China, Hong Kong or Macau and has been approved to reside domestically.
4. Those who are 12 years old and up reside in Taiwan legally but without Birth Registration.
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Article 16
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Moving out of the jurisdictional area (township, city, district) for 3 months and up shall be subject to the Moving-out Registration, except the movement is made owing to military service, schooling within the country and putting into jail.
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When the all household members move, the prisoner shall be moved accordingly.
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Duration of departure from ROC for 2 years and up shall be subject to the Moving-out Registration. The people with the following situations are not applicable to above provisions:
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1. A person who has stationed overseas by government order or its families.
2. Working on an ROC oceangoing fishing ship.
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For an ROC national departs from the country, but enters with no passport of ROC or other entrance documents, though he or she is in the country, he or she is still applied to the duration of departure from ROC for 2 years and up shall be subject to the Moving-out Registration.
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Article 17
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Moving in from other jurisdictional domiciliary areas (township, city, district) for 3 months and up shall be subject to the Moving-in Registration.
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When a person having household registration originally, who moved out to a foreign country, enters ROC territory with an ROC passport or an entrance documents for over three months, may apply for the Moving-in Registration. When the person having household registration originally loses his or her nationality but is later approved to restore the nationality shall apply to the above item.
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Article 18
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Any address alteration made within the same domiciliary area of jurisdiction (township, city, district) over 3 months shall be subject to the Address Alteration Registration.
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Article 19
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Household Separation (Combination) Registration should be made if a household in the same address want to separate into two or more households, or multi-households in the same household address want to combine as a household.
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Article 20
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When an ROC national who applies for Initial Household Registration, the place of birth shall meet one of the following conditions:
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1. For the application of 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 thus it is unable to define the birthplace, the place of birth shall be the place where such ship or airplane parks (stations) after the birth of the child.
4. For a child whose birthplace is unknown but is accommodated and reared in a children welfare organization, the place of birth shall be the place where such organization is located.
5. For a child who 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.
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Chapter 3. Alteration, Correction, Revocation and Annulment of Registrations
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Article 21
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Any alteration of items of the household registration shall be subject to the Alteration Registration.
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Article 22
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Any error or omission of items of the household registration shall be subject to the Correction Registration.
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Article 23
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Any item of the household registration that does not exist from the beginning or is invalid from the beginning shall be subject to the Revocation Registration.
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Article 24
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Any item of the household registration that does not exist afterward shall be subject to the Annulment Registration, which shall also apply to the person who loses ROC nationality or citizenship of Taiwan.
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Article 25
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In case a litigation occurs after registration, the application for Alteration, Correction, Revocation or Annulment registration shall be made only after a judgment is ascertained, or a reconciliation or mediation is arrived.
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Chapter 4. Applications for Registration
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Article 26
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The application of household registration shall be filed with the household registration office where the domicile place is registered, except for the following:
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1. For register of an item announced and assigned by the central competent authority, the applicant shall apply with the household registration office outside of where his or her permanent residence is located.
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2. If both parties concerned don't have a household registration within the country, their marriage and divorce within the country can be registered at any party's household registration office.
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3. If both or either of the party concerned has or had once a household registration within the country, when they are married or divorced overseas, they have to bring related documents to ROC Embassies or Missions, representative offices, diplomatic office, other offices authorized by the Ministry of the Foreign Affairs (hereinafter referred to as 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 applicant's household registration office where the domicile place is or was originally registered for the Marriage or Divorce Registration.
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4. If both or either of the party concerned don't have a household registration within the country, when they are married or divorced overseas, they have to bring 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.
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5. For an Initial Household Registration, the applicant must apply with the household registration office where he or she resides currently.
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6. For a Moving-out Registration, the applicant must apply with the household registration office where he or she is to immigrate in.
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Article 27
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For a registration application, the applicant shall apply with the household registration office in written or oral form or through the Internet.
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For items of registration applied for through the Internet in accordance with the preceding paragraph, the assignment and announcement are made by the central competent authority.
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Article 28
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The application form for registration shall be signed or affixed with chop by the applicant. If the application is made verbally, the household registration office shall fill out the application form on behalf of the applicant, and shall read to the applicant, then ask him/her to sign or affix chop. If the application is made through Internet, the application form shall have the electronic signature.
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The electronic signature in the preceding paragraph is restricted only to the Citizen Digital Certificate by the Certificate Authority of MOI.
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Article 29
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The applicant of Birth Registration shall be the parents, grandparents, the head of the household, cohabitant or fosterer.
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For the abandoned or helpless child, the applicant of Birth Registration mentioned in the preceding paragraph may be the children welfare organization.
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Article 30
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The applicant of Registration of Parentage shall be the recognizer. In case the recognizer does not make the application, the recognized one may be the applicant.
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Article 31
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The applicant of Adoption Registration shall be the adopter or the adoptee.
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Article 32
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The applicant of Adoption Termination Registration shall be the adopter or the adoptee.
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Article 33
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The applicant of Marriage Registration shall be both parties concerned. However, people who are married before May 22, 2008 (including May 22) or their marriage is effective, one of the parties concerned can be the applicant.
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For above proviso, if necessary, the competent authorities or household registration offices are eligible to ask related authorities to verify the marriage and check any documents that prove the marriage.
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Article 34
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The applicant of Divorce Registration shall be both parties concerned. However, for the divorce that is sentenced, mediated, or reconciled by a court, or the divorce had been effective, the applicant may be one of the parties concerned.
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Article 35
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The applicant of Registration of legal Guardianship shall be the legal guardian.
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The applicant of Assistance Registration shall be the assistant.
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The applicant of Registration of the executing or exercising of the right and obligation for the minor children shall be one or both of the parties concerned.
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Article 36
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The applicant of Death Registration shall be the spouse, relative, head of the household, cohabitant, the person handling burying, or the managing person of house or land of the dead when he/she died.
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Article 37
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In the case of execution or death in jail, detention house or other shelters, and no one claims the dead, the jail, detention house or shelter shall notify the household registration office where the domicile of the dead is registered to make the Death Registration.
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Article 38
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In case of death due to disasters or the dead being unidentifiable, or investigated and verified by police department but no one claims the dead, the police department shall notify the household registration office where the domicile of the dead is registered to make the Death Registration.
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Article 39
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The applicant of Registration of Presumption of Death shall be the person applying for the declaration or the interested person.
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Article 40
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The applicant of Initial Household Registration shall be himself/herself or the head of the household.
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Article 41
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The applicant of Registration of Movement shall be the person himself/herself or the head of the household.
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The applicant of Registration of Movement of all household members shall be the head of the household.
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Article 42
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For the person departing from the country, who shall be subject to the Moving-out Registration pursuant to Paragraph 3 of Article 16, the household registration office where the person’s domicile is registered may proceed with the Moving-out Registration at its discretion.
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Article 43
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The applicant of Household Separation (Combination) Registration shall be himself/herself or the head of the household.
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Article 44
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The applicant of Birthplace Registration shall be himself/herself or the applicant mentioned in Article 29.
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Article 45
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After the cases for household registrations occur or are ascertained, but no applicants are available for those cases stated in Article 29 to 32, the first proviso of Article 33, proviso of Article 34, Article 36 and Article 40, Article 41 and its first two provisos, the interested persons may act as the applicants.
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Article 46
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The applicant of 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.
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Article 47
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In case the applicant cannot make application personally, he/she may entrust some other person with a Letter of Proxy to make such application.
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Except that there are due reasons which are approved by the household registration office, the provision set forth in the previous paragraph does not apply to the Registrations of Parentage, Adoption Termination, Marriage or the Divorce agreed by both parties concerned.
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Article 48
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The applications of household registrations should be made within 30 days after the cases concerned occur or are ascertained; however, the Birth Registration must be made within 60 days.
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The household registration office should still accept the overdue applications.
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When the household registration office finds overdue applications that are not made within the statutory time limit, it shall notify in writing the persons who shall make the applications. When a prosecutor declares a person's death or losses one person's ROC nationality or Taiwan citizenship, it is eligible to skip advance notification and to execute Household Annulment Registration at the household registration office's discretion.
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For one of the following household registrations, when parties concerned fail to make registration after written notification, the household registration office shall proceed at its discretion:
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1.Birth registration
2.Registration of legal Guardianship
3.Assistance Registration
4.Registration of the executing or exercising of the right and obligation for the minor children
5.Death Registration
6.Registration of Movement
7.Correction, Revocation, or Annulment Registration
8. Acknowledgement of Parentage, Adoption, Adoption Termination, Divorce by court’s final verdict, Presumption of Death declared other than by prosecutor, or other Alteration Registration not on Name Alteration.
9. Divorce Registration mediated, or reconciled by a court
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Article 49
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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.
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In case of the household registration office registers a child according to Paragraph 4 of previous Article, 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 and the director of the household registration office should give the child a first name.
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Article 50
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In case the whole household removes out of its domicile place without making Moving-out Registration within the statutory time limit and the notification is unable to be made, the household registration office may process the Moving-out Registration to immigrate the whole household to the address of the household registration office straightly pursuant to the application made by the house owner, managing authority, or local government. In case the house owner, managing authority, or local government mentioned in the prior paragraph does not make the application, the household registration office may process the registration directly to move the whole household to the address of the household registration office temporarily.
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When an inmate in correction authority meets one condition of the preceding paragraph, the household registration office shall make Moving-out Registration to the correction authority, and it's not bound by the proviso 1 and Paragraph 2 of Article 16.
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When the household registration office receives the notification from the correction authority that inmate is released, it is necessary to verify the fact and shall proceed Move-in Registration by the household registration office where the inmate lives.
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Chapter 5. National Identification Card and Household Certificate
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Article 51
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A National Identification Card (hereinafter referred to as National ID Card) represents one person's identity, and is effective in all country.
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The Household Certificate should list all the members within the household and the head of the household should be listed in the first column.
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Article 52
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The format, content, photo specification of the National ID Card and Household Certificate shall be stipulated by the central competent authority.
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The issuance, and photo file content, preservation, usage and other items of the National ID Card and Household Certificate shall be stipulated by the central competent authority.
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Article 53
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The blank National ID Card and blank Household Certificate shall be printed only by the competent authorities of municipalities and the counties (cities). The blank National ID Card, if necessary, shall be printed only by the central competent authority.
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Article 54
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The ID card and Household Certificate shall be printed and issued by the household registration office according to household registration record.
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Article 55
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The generation and assignment of National ID Card number and Household Certificate number shall be stipulated by the central competent authority and be executed by the household registration office.
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Article 56
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One must always carry his or her National ID Card. A National ID Card shall not be detained unless a law formulates.
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The Household Certificate shall be kept by the head of the household. When a household member is proceeding with household registration, the head shall provide the booklet and can't detain it.
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Article 57
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The nationals who have reached 14 years old shall apply for citizen’s National ID Cards; and who are under 14 years old may apply for citizen’s National ID Cards.
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Those who lost or damaged their National ID Cards and Household Certificates shall apply for re-issuing.
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A registered household shall apply for the Household Certificate.
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Article 58
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When a person applies for household registration and results in changes on National ID Card information, he or she shall at the same time apply for a replacement of National ID Card.
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One must apply for a replacement of National ID Card when his or her National ID Card is damaged.
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When there are changes in Household Certificate, it is a must to apply for a replacement of Household Certificate. Otherwise, the household registration office must write down necessary notes on the certificate.
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Article 59
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The national-wide replacement process and other items of National ID Cards to be followed should be stipulated by the central competent authority.
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The replacement of National ID Cards and the invalid date of old National ID Cards shall be announced by the central competent authority and be published on the government agenda.
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Those who have National ID Cards should replace their cards during the due period.
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The replacement of Household Certificates shall be applicable to the first three paragraphs.
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Article 60
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In case of initial issuance or re-issuance of National ID Card, the person concerned shall claim the card in person.
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In case of replacement of National ID Card, he/she may entrust some other person with a Letter of Proxy to make the claim.
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When the head of the household in person or by delegation to make registration of movement for 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.
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Article 61
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The initial issuance, re-issuance, replacement, and national-wide replacement of National ID Card shall be proceeded as followed:
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1. Initial issuance, re-issuance, replacement of National ID Card: Apply at the household registration office where the domicile place is registered.
2. Replacement: When applying for household registration and has thus caused changes in National ID Card information shall apply for replacement at the household registration office where the domicile place is registered; for damaged National ID Card, the applicant can apply at any household registration office.
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For the situation stipulated in the first paragraph above, for register of an item announced and assigned by the central competent authority, the applicant may apply with the household registration office outside the domicile place is registered.
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Article 62
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In cases of Registration of Death and Presumption of Death, Revocation or Annulment of Household Registration, re-issuance, replacement, national-wide replacement of National ID Cards, the original National ID Cards shall be clipped and collected by the household registration office.
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If a National ID Card is obtained illegally, falsely used or faked, the organization who finds out the fact shall notify the issuing municipalities, counties (cities) competent authorities and annul the renewal information.
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Article 63
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Upon the initial issuance or national-wide replacement of Household Certificates, it can be claimed by the head of the household himself/herself or on delegation by others with a Letter of Proxy.
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Upon the re-issuance or replacement of Household Certificates, it can be claimed by the head of the household himself/herself or on delegation by others with a Letter of Proxy at any household registration offices.
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Chapter 6. Application and provision of household registration record
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Article 64
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Any record of household registration shall not be carried out of the places where they are kept, except for avoiding natural disasters and accidents, census, or approved by the director of the household registration office.
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The central competent authority shall stipulate the form and the retention period of the record mentioned in the preceding paragraph.
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Article 65
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A person himself/herself or the interested persons may apply for reviewing the household registration record or ask for the Household Certificate Transcript. In case the applicant is unable to make the application personally, he/she may entrust other person to make with a Letter of Proxy.
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When an interested person applies for the application as regulated above, the household registration office shall only provide partial household registration record or Household Certificate Transcript that concerns the applicant.
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The central competent authority shall stipulate the format of Household Certificate Transcript and the scope of the interested person.
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Article 65-1
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Those can apply for their Kinsfolk Relation Record at household registration office if they meet one of the following:
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1. Have the requirement to verify family relationships as stipulated according to Article 15 or Article 29, the Artificial Reproduction Act.
2. Have the requirement to verify family relationship for organ donation as stipulated according to Article 8, the Human Organ Transplant Regulation.
3. Have the requirement to verify the decedent's spouse and the genetic relationship for Inheritance Registration.
4. Have the requirement to verify their fathers or mothers are the nationals of ROC according to Article 2, Nationality Act.
5. Have the requirement to verify their Kinsfolk Relation Record on request of court or trial.
6. Have the requirement to verify their Kinsfolk Relation Record according to other laws.
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The Kinsfolk Relation Record mentioned in the preceding paragraph is the family relationship certificate linked from household registration record issuing by the household registration authority according to related provisions.
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In case the applicant in preceding first paragraph is unable to make the application for Kinsfolk Relation Record, he/she may entrust other person to make with a Letter of Proxy.
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When the applicant or Legal Proxy indicted in preceding first paragraph apply for the application as regulated above, the household registration office shall only provide partial Kinsfolk Relation Record that concerns the applicant.
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The scope of applicant, identification of interested person, format of data provided, required document for applying, verification methods, verification procedures and other matters to be complied with in preceding paragraph will be stipulated by the central competent authority
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Article 66
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The application for Household Certificate Transcript can be done at any household registration office. When applying for reviewing of original household registration record or the Japanese Colonial Household Registration record before the record is online, the applicant shall apply for the application at the original household registration office where the domicile place is registered.
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Article 67
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Any household registration record and Kinsfolk Relation Record required for every authority shall be based on that registered in the household registration.
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For the record mentioned, it should be provided by the competent authority or household registration office. The application method, content, procedure, fees and other items that should be followed shall be stipulated by the central competent authority.
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Article 68
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In the need of the competent authority and household registration office to verify the items of the household registration, relevant authorities, schools, organizations or persons shall provide required information accordingly.
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Article 69
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Nationals who apply for their National ID Card, Household Certificate, Household Certificate Transcript, marriage certificate, divorce 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.
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Chapter 7. Census and Household Statistics
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Article 70
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Census may be made before making household registrations.
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Article 71
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The household registration office may send personnel to check and correct the items of household registration.
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Article 72
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The household registration office shall check and record the educational degree of the citizen above 15 years old.
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Article 73
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Every high school and above shall prepare the register of graduates at the year, and furnish it to the central competent authority. The list of new students of junior high school can be ignored.
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Article 74
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Municipal and city (county) competent authorities and their household registration offices should prepare all kinds of household statistics separately and deliver them to their superior authority in the order of date. If necessary, other household surveys and census should be conducted.
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Chapter 8. Fines
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Article 75
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Faking or illegally altering National ID Cards for providing fake identities with intention to damage or cause benefits losses to the public or other innocent people should be penalized for less than 5 years in prison, detention or fines of less than 500,000 NT dollars.
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Those who fake and alter the National ID Cards shall be punished as the same.
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Providing his or her own National ID Card to others to be used or faking others or using National ID Cards lost or delivered by others to damage or cause benefits losses to the public or other innocent people should be penalized for less than 3 years in prison, detention or fines of less than 300,000 NT dollars.
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Article 76
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Any applicant who makes a false application intentionally, or any relevant authority, school, organization or national that provides the competent authorities or household registration offices with false information shall be penalized by a fine of over 3,000 but less than 9,000 NT dollars.
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Article 77
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Any person, without proper reasons, who refuses the census, or any relevant authority, school, organization or national that refuses to provide the competent authorities with the information of household registration according to Article 68 shall be penalized by a fine of 3,000 NT dollars and upward to less than 9,000 NT dollars.
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Article 78
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If a civil servant doesn’t do as stipulated according to Paragraph 2 of Article 14 shall be punished by the organization he or she serves. If a medical institute doesn’t do as regulated in the same article, it shall be fined over 1,000 but no more than three thousand 3,000 NT dollars.
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Article 79
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If a person, without proper reasons, violates Paragraph 1 of Article 48 and doesn’t apply for registration with legal time shall be fined over 300 but no more than 900 NT dollars. If the person still fails to do so after written notification, the person shall be fined for 900 NT dollars.
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Article 80
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If a head of household doesn’t provide Household Certificate as described in Paragraph 2 of Article 56, he or she shall be fined over 1,000 but nor more than 3,000 NT dollars.
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Article 81
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The punishment of fines shall be executed at the discretion of the household registration office.
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Chapter 9. Supplementary Provisions
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Article 82
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Rules for the enforcement of this Act shall be enacted by the central competent authority.
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Article 83
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Except for Articles 10, 26, 45 and 69 are executed starting from May 23, 2008; the Item 6 of Subparagraph 1 of Article 4, Article 12, Paragraph 2 of Article 35, Paragraph 4 of Article 48 about Assistance Registration shall come into force as stipulated by the Executive Yuan, the rest shall come into force from the date of promulgation.
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The amended provisions of this Act come into force from the date of promulgation.
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