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Chapter Law Content

Title: Passport Act CH
Category: Ministry of Foreign Affairs(外交部)
Chapter III. Denial, Seizure, Revocation, and Rescindment of Passports
Article 22
Diplomatic or official passport holders shall return their passport by the deadline specified by the Competent Authority once the purpose of holding such passport ceases to exist during the validity period, unless the Competent Authority has approved continued use.
In the event the passport holders referred to in the preceding paragraph fail to return the passport by the specified deadline, the Competent Authority shall rescind the issuance of the passport and cancel the passport.
Article 23
In the event of any one of the following circumstances, the Competent Authority or Overseas Mission shall deny the applicant a passport:
1. The applicant uses a false identity, provides false information, or uses documents that have been illegally acquired, counterfeited, or altered.
2. Judicial or military justice agencies have informed the Competent Authority that a passport shall not be issued to the applicant.
3. The National Immigration Agency of the Ministry of the Interior (hereinafter referred to as the National Immigration Agency) has in accordance with the law placed restrictions on the applicant’s overseas travel or prohibited the applicant from leaving the country, and has informed the Competent Authority of these restrictions or prohibition.
4. The applicant has failed to provide additional documentation within a specified period or appear in person for an interview in accordance with Paragraph 1 of Article 21.
When judicial or military justice agencies or the National Immigration Agency notify the Competent Authority as specified in the aforementioned Subparagraphs 2 and 3, such notification shall be made in writing or via electronic transmission and shall contain the name, date of birth, and National Identification Number of the applicant, as well as the reason and legal basis for the restriction or prohibition. Notifications from judicial or military justice agencies shall also specify the duration of the restriction or prohibition.
Article 24
Passports shall not be seized except in circumstances specified by the law.
When a passport holder presents a passport, the Competent Authority or Overseas Mission shall seize it in the event of any one of the following circumstances:
1. The passport has been forged or altered, or uses a false identity; the information contained in the application is false; or forged, altered, or illegally acquired documents are used for the application.
2. The passport holder is abroad, in the Mainland Area, Hong Kong, or Macau, and any of the circumstances described in Subparagraph 2 or Subparagraph 3 of Paragraph 1 of the preceding Article apply.
Forged passports shall be confiscated regardless of who the bearer is.
Article 25
In the event of any of the circumstances described in Subparagraph 1 of Paragraph 2 of the preceding Article, the Competent Authority or the Overseas Mission shall revoke the issuance of the passport and cancel the passport, except when it has been forged.
In the event of any of the following circumstances, the Competent Authority or the Overseas Mission shall rescind the issuance of the passport and cancel the passport:
1. Circumstances described in Subparagraph 2 of Paragraph 2 of the preceding Article.
2. Alterations, additions, or deletions have been made to the passport or additional stamps have been affixed thereon.
3. There is sufficient evidence proving that the passport which should be returned pursuant to relevant regulations cannot be returned.
4. The passport holder has become a citizen of the Mainland Area.
5. The passport holder has lost ROC nationality.
6. The passport has been lost, or an application for reissuance or replacement has been submitted.
7. The passport has not been claimed within three months of the date of issuance.
In the event of death of the passport holder, or declaration of death, the Competent Authority or Overseas Mission shall cancel the passport.
Article 26
With regard to ROC nationals who are abroad, have household registration in the ROC, and have been denied a passport, or whose passport has been seized as a result of circumstances described in Subparagraphs 2 and 3 of Paragraph 1 of Article 23, the Overseas Mission may issue a passport with a validity of less than one year, or an entry permit to the ROC, to such persons for the specific purpose of traveling back to the ROC.
With regard to ROC nationals who are abroad, have household registration in the ROC, and whose passport has expired or has been lost or destroyed and who cannot wait for reissuance or replacement, the Overseas Mission may issue an entry permit for such persons.
Article 27
In the event that the Competent Authority or Overseas Mission makes a decision in accordance with Articles 22 to 25, such decision shall be made in writing, except for decisions related to circumstances described in Subparagraphs 3, 5, and 6 of Paragraph 2 of Article 25.
Article 28
With regard to the seizure, confiscation, and retention of passports by the Competent Authority or Overseas Mission, as well as passport applications or passport applications submitted by third parties to the Competent Authority or Overseas Mission, the retention period, cancellation, and method of destruction, as well as other relevant matters to be complied, shall be prescribed by the Competent Authority.