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Name Act

  • PostDate:2009-07-08 00:00

 

 Article 1

Any citizen of the Republic of China (hereinafter referred to as the ROC) should have one real/legal name and such real/legal name should be the one entered in his/her household registration.

The name registration of Taiwan aborigine is according to his/her cultures and customs. If an aborigine has his/her name registered in the traditional Chinese name, he/she may apply for the resumption of his traditional name. After he resumes his traditional name, he may apply for the resumption of his original Chinese name and such resumption will be limited to one time only.

In the case that a national of the ROC is married to a foreign national or a stateless person, the Chinese surname of his/her spouse and a child of such couple should be met the conventions practiced in the ROC. And the same shall also apply to the surname of a foreign national or a stateless person who applies for naturalization.

 Article 2

That are allowed to be entered in the household registration shall be of the Chinese characters that may be found in the Chinese dictionaries edited by the Ministry of Education or in other large, accredited dictionaries.

The origin-traditional name or the traditional Chinese name of an aborigine may be of the characters chosen via Roma pronunciation and is not limited by the paragraph of the preceding article.

A foreign national or a stateless person who has undergone naturalization process must make a Chinese name and shall have the original foreign name in Romanization be registered alongside it. The foregoing is out of the restriction in Paragraph 1 of the preceding article.

If name characters other than the ones as referred to in Paragraph 1 are chosen, such characters will not be allowed to be registered.

 Article 3

In all the law-related or formal matters, all citizens of the ROC shall use their real/legal name (as the one entered in the household registration).

 Article 4

Real/legal name shall be used in diplomas, work experience documents, licenses/permits, etc.; otherwise, such diplomas, documents, etc. will be deemed as invalid.

 Article 5

Real/legal names shall be used in the registrations relating to the acquirement, creation, loss, alteration, deposit of assets; otherwise, transactions will not be processed.

 Article 6

A person who meets one of the following requirements may apply for an alteration of his surname:

1. Parentage recognized by his natural parent

2. Adopted by or if an adoptive relationship is terminated

3. An aborigine surname becomes misleading after his aboriginal name is altered into a traditional Chinese surname.

4. A person has his surname altered according to the other law or other regulations.

After a couple gets married, either the wife or the husband may apply for attaching his/her spouse’ s surname or resuming his/her original surname. In case such person applies for resuming his/her original surname, in each marital relationship, only one of such resumption will be allowed.

 Article 7

A person who meets one of the following requirements may apply for an alteration of his first name.

1. A person works in an entity or organization or goes to a school and there is another person in such entity or school who has the same surname and first name.

2. A person’s full name is the same with his relative who is closer than “a third class kinship”.

3. A person lives in a municipality, county or city for more than 6 months and there is another person who lives in such municipality, county or city and has the same surname and first name.

4. A person takes a qualification-screening of civil servants and he is notified by the authority of the civil service that there is another person who has the same full name.

5. A person’s surname and first name are the same with those of a person who is wanted by the police.

6. A person’s first name contains a vulgar or an unrefined meaning or there is a special reason.

In case a person applies for an alteration of his first name according to in subparagraph 6 of the preceding paragraph, such alterations may be granted for two times; but if, the second time of such first name alteration that the minor applies for shall be applied for after the person reaches the full age.

 Article 8

A person who meets one of the following requirements may apply for an alteration of his surname and first name.

1. The existing name which was a direct translation from another language is too long or incorrectly translated.

2. To live as a monk/nun returns to secular life

3. It is necessary for a person to alteration his name in order to do his job as a government official

 Article 9

A person doesn’t use his/her real/legal name pursuant to Article 4 or Article 5 before the Acts enforced, he may apply to the originally competent authority for an alteration of real/legal the name. In case such person doesn’t use his/her real/legal name pursuant to Article 4, he may apply to the corresponding household registration office for an alteration of his name via diploma, work experience document, licenses or other proving document; such alteration will be granted for one time only.

 Article 10

In case an alteration of surname, attaching surname, restoration to original surname, an alteration of first name or real/legal name, or a correction of real/legal name is applied for according to Article 6 to Article 9, the applicant should be the concerted party himself/herself or his/her legal representative. In case an alteration of surname is applied for due to adoption or the termination of adoption, the applicant who is allowed to apply for such Adoption or Adoption Termination Registration may be the applicant for such surname alteration.

 Article 11

For the persons who apply for surname alteration, attaching surname, restoration to their original surname, alteration of first name, or an alteration or correction of real/legal name, unless otherwise stipulated by other laws or regulations, such alterations or corrections will become effective from the date such alterations or corrections are entered in the household registration.

 Article 12

A person who meets one of the following requirements shall not apply for an alteration of surname, first name or full name.

1. A person is wanted by the police or is held in detention

2. A person has received a sentence of community service or of corrective institution

3. A person has received a sentence of imprisonment without the possibility of probation or a sentence that may not be converted into a fine; however, if such crime is committed due to negligence, the aforesaid will not apply.

The period that a person shall not apply for the alteration of surname, first name or full name referred to in Subparagraph 2 and 3 of the preceding Paragraph will last from the date that such sentence is given till 3 years after the sentence is served.

 Article 13

Enforcement rules of this Act shall be enacted by the Ministry of the Interior.

 Article 14

The amended articles of this Act shall come into force from the date of promulgation.