Repatriating sentenced persons may be subject to the following conditions:
the Transferring States and ROC both agree to the repatriation.
the sentenced persons have nationality of the Transferring States, except that they have ROC nationality and a household registration in ROC.
the sentenced persons or their guardians shall consent in writing. However, the guardian's statement shall not be contrary to that of the sentenced persons expressed explicitly.
at least one year of the sentence imposed on the sentenced persons remains to be served at the time of the request for repatriation, unless a term is agreed by both the Transferring States and ROC.
the Transferring States have guaranteed reciprocity in writing.
the sentenced persons have no other offense under investigation or at trial in ROC.

MOJ shall appoint officials to confirm the consent of the sentenced persons or their guardians to serve sentences in the territory of the Transferring States was of their own will, and to inform the sentenced persons and their guardians of the legal effects of repatriation.
The Transferring States may designate officials to present on the occasion of confirmation and notification regulated in the preceding paragraph.
The consent under Paragraph 1 shall not be withdrawn upon confirmation.

Upon receiving Transferring States’ request for repatriation, considering the request conforms to the conditions under Article 18 and is appropriate after deliberating with relevant authorities, MOJ may issue a repatriation warrant to the governing prosecutors office who shall implement it.

The sentence which has not been served in ROC shall be considered served, after the sentenced persons have been repatriated and fully served the sentence in the Transferring States.