SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
People's Republic of China
Laws
Citizenship Law
Jus sanguinis and jus soli provisions
The Peoples’ Republic of China’s nationality laws operate
through a jus sanguinis structure.875 Children born within the
territory of China to a Chinese national parent or parents
gain Chinese nationality.876 Children born outside of China to
a Chinese national parent or parents gain Chinese nationality
unless one or both parent/s have settled abroad, and the child
acquires another nationality at birth.877 China’s citizenship
legislation does not provide a definition of a stateless person,
leaving this up to the discretion of authorities.
The Peoples’ Republic of China’s nationality laws operate through a
jus sanguinis structure.
of permanent residence.884 Further, on China’s
government website, the listed application
materials required to gain Chinese citizenship
includes a copy of a foreign passport and a copy
of the Foreigner’s Permanent Residence Card.885
In order to be granted permanent residence
in China, one must satisfy at least one of the
listed requirements, which includes but is not
limited to having investments in China for three
consecutive years, holding a high career title886
and residing in the country for four consecutive
years, or having made an outstanding
contribution to and being specially needed by
China.887 There are currently no provisions or
explanations provided for what may constitute
‘other legitimate reasons’.
The requirement to show a copy of the applicant’s
passport in the application may act as a barrier
to stateless persons who often do not have
passports.888 There is no simplified or expedited
procedure for stateless persons or refugees.
Naturalized citizenship
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Dual citizenship
There is a naturalization process which is explicitly mentioned to
be available to stateless persons as well as foreigners.878 Foreign
or stateless persons willing to abide by the constitution and laws
of China, and fulfilling one of the following criteria, can apply
for Chinese nationality if they are ‘near relatives’ of Chinese
nationals, they are ‘settled in China’, or have ‘other legitimate
reasons’.879 Those whose applications for Chinese nationality
are approved shall be granted Chinese nationality and may not
retain foreign nationality.880 There are no provisions included
in China’s legislation which details the renunciation process.
The Ministry of Public Security will issue a certificate when
applications are approved.881
Treaty ratification status
There are no specific rules or judicial interpretation to clarify
the scope of ‘near relatives’ and the meaning of ‘settled
in China’.882 However, based on the Application Form for
Naturalization from the official website of the National
Immigration Administration, close relatives include a spouse,
parent, child or sibling.883 While there is persistent ambiguity
and no explicit specification on the meaning of “settled in
China”, the Application Form includes a specified circumstance
While China has yet to ratify the 1954
Convention relating to the Status of Stateless
Persons and the 1961 Convention on the
Reduction of Statelessness, it has ratified the
1951 Refugee Convention and its 1967 Protocol,
the ICESCR, ICERD, CRC, and CEDAW with no
relevant reservations. China has also signed, but
not ratified, the ICCPR.
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Dual citizenship is not recognized in China.889
Chinese citizens settled abroad who voluntarily
acquire foreign nationality shall automatically
lose their Chinese nationality.890 Foreigners
who have previously held Chinese nationality
may apply to resume their Chinese nationality
if they have proper reason to do so, while those
approved to resume Chinese nationality may not
retain their foreign nationality.891
In 2018 concluding observations, the CERD
Committee expressed concerns regarding the
fact that asylum seekers from North Korea are
not registering the births of their children born
in China, who are reportedly stateless, out of
fear of facing refoulement upon registering the
births.892 As a party to the CRC, China is obligated
to ensure that all births in its territory are
registered immediately as well as that no child is
left stateless.893 Further, as a party to the Refugee
Convention and its Protocol, it is further obligated
to ensure non-refoulement.894
Similar concerns were expressed in 2023
concluding observations by the CEDAW
Committee regarding children born in China to
women from North Korea, who are “deprived
of their rights to birth registration, nationality,
education and health care because their
birth cannot be registered without exposing
the mother to the risk of deportation to the
Democratic People’s Republic of Korea.”895 It was
recommended that China ensure that children
born to women from North Korea are eligible for
citizenship and obtain birth registration.896 Lack
of access to birth registration increases their
risk of statelessness and lowers access to basic
services.897 The 2023 concluding observations
by the CEDAW Committee also noted concern
regarding the “confiscation of passports from
Tibetan and Uyghur women”.898 The Committee
further recommended that China ensure that
“passports are not confiscated on the basis of
ethnic minority status” as well as amend nationality
legislation which prohibits dual nationality.899
In 2013 concluding observations by the CRC
Committee, it was noted that birth registration
in remote areas of China is poor “among girls,
The 2023 concluding observations by the CEDAW
Committee also noted concern regarding the
“confiscation of passports from Tibetan and Uyghur
women”.
REPORT 2024
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