SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
Sub-Regional Overview:
East Asia
Countries Covered: People’s Republic of China (China),
Hong Kong SAR, Japan, Mongolia, Democratic People’s
Republic of Korea (North Korea), Republic of China
(Taiwan), Republic of Korea (South Korea)
Laws
Citizenship Law
Jus sanguinis and/or jus soli provisions
All the nationality laws in East Asia operate through a jus
sanguinis structure, with Taiwan, North Korea, and South Korea
additionally utilizing a limited jus soli structure.773 In three States
(Japan, South Korea, and Taiwan774) children born to a national
parent or parents will be considered a citizen with no distinction
made between children born within or outside of the country.775
The citizenship laws of three States (China and Hong Kong,
Mongolia and North Korea) provide some differential treatment
between children born within or outside of the country.776 It is
important to note that China’s Nationality Law has applied to
Hong Kong since 1997.777 In both Mongolia and North Korea,
a child must be born to two citizen parents in order to be a
citizen.778 Children will also become citizens in China and Hong
Kong if born in the territory to one citizen parent779 or outside
of the territory to one citizen parent as long as both parents
have not settled abroad.780 For the acquisition of citizenship for
children born to one citizen and one foreign citizen in Mongolia,
a written agreement from the parents is required.781
All the nationality laws in East Asia operate through a jus sanguinis
structure, with Taiwan, North Korea, and South Korea additionally
utilizing a limited jus soli structure.
The extra condition of citizenship by acknowledgement is present
in the citizenship laws of Japan and South Korea.782 Children born
to one South Korean citizen and one foreign citizen may gain
citizenship by acknowledgement by the citizen parent.783 While
Japan does not require Japanese women who have had a child out
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
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