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Chapter Law Content

Title: Household Registration Act CH
Category: Ministry of the Interior(內政部)
Chapter 4. Applications for Registration
Article 26
The application for household registration shall be filed with the Household Registration Office where the place of domicile is registered, except for the following:
1. For registration of an item announced and assigned by the central competent authority, the applicant shall apply to the Household Registration Office outside of where his or her permanent residence is located.
2. If both or either of the parties concerned once had a household registration within the country when they were married or divorced within, the marriage registration or divorce registration shall be applied for at any party's Household Registration Office.
3. If both or either of the parties concerned has or once had a household registration within the country when they were married or divorced overseas, they shall submit related documents to ROC embassies, consulates general, consulates, representative offices, or offices (hereinafter referred to as “Diplomatic Missions”), or to organizations or civilian groups in Hong Kong and Macau designated by the Executive Yuan, to have them authenticated. After authentication, the documents will be forwarded to the Household Registration Office where the applicant’s place of domicile is, or was originally, registered for marriage or divorce registration.
4. If neither of the parties concerned has a household registration within the country, when they were married or divorced within the country, the marriage registration or divorce registration shall be applied for at any party's Household Registration Office; when they are married or divorced overseas, they shall bring related documents to ROC Embassies or Missions Abroad, organizations or civilian groups in Hong Kong and Macau designated by the Executive Yuan to apply for certificates. After verification, the certificates will be forwarded to the Household Registration Office, where the central competent authority is designated by the central competent authority for marriage or divorce registration.
5. For an Initial Household Registration, the applicant must apply with the Household Registration Office, where he or she resides currently.
6. For a moving-out registration, the applicant must apply with the Household Registration Office where he or she is to immigrate.
Article 27
For a registration application, the applicant shall apply with the Household Registration Office in written or oral form or through the Internet.
For items of registration applied through the Internet per the preceding Paragraph, the central competent authority makes the assignment and announcement.
Article 28
The application form for registration shall be signed or stamped with a chop by the applicant. If the application is made verbally, the Household Registration Office shall fill out the application form on behalf of the applicant and shall read to the applicant, then ask him/her to sign or stamp the chop. If the application is made through the Internet, the application form shall have an electronic signature.
The electronic signature in the preceding Paragraph is restricted only to the Citizen Digital Certificate by the Certificate Authority of MOI.
Article 29
The applicant for birth registration shall be the father, mother, grandfather, grandmother, head of the household, cohabitant, or foster parent.
For the abandoned or helpless child, the applicant of the birth registration mentioned in the preceding Paragraph may be the children’s welfare organization.
Article 30
The applicant for registration of parentage shall be the recognizer. If the recognizer does not make the application, the recognized one shall be the applicant.
Article 31
The applicant for adoption registration shall be the adopter or the adoptee.
Article 32
The applicant for adoption termination registration shall be the adopter or the adoptee.
Article 33
The applicants for marriage registration shall be both parties concerned. However, when people were married before May 22, 2008 (including May 22) or their marriage was effective before that time, one of the parties concerned can be the applicant.
For the above proviso, if necessary, the competent authorities or Household Registration Offices can ask related authorities to verify the marriage and check any documents that prove the marriage.
Article 34
The applicant for divorce registration shall be both parties concerned. However, for divorce through final court decree, court mediation or court settlement, or if the divorce had been effective, the applicant shall be one of the parties concerned.
Article 34-1
The applicant for Indigenous people’s status and tribe registration shall be himself/herself, except, for an unmarried minor. The acquisition or alteration of Indigenous status and tribe group registration shall be applied for by the statutory agent.
Article 35
The applicant for registration of legal guardianship shall be the legal guardian.
The applicant for assistance registration shall be the assistant or the person subject to the order of commencement of assistance.
The applicant for registration of the executing or exercising of the rights and obligations of minor children shall be one or both of the parties concerned.
Article 36
The applicant for death registration shall be the spouse, relative, head of the household, cohabitant, the person handling burying, or the person in charge of the house or land of the dead when he/she dies.
Article 37
In the case of execution ,or death in a jail, detention house or other shelter, and no one claims the dead, the jail, detention house, or shelter shall notify the Household Registration Office where the domicile of the dead is registered to make the death registration.
Article 38
In case of death due to disaster or the dead being unidentifiable, or is investigated and verified by a police department. However no one claims the dead, the police department shall notify the Household Registration Office where the domicile of the dead is registered to make the death registration.
Article 39
The registration of presumption of death applicant shall be the person applying for the declaration or the interested person.
Article 40
The applicant of initial household registration shall be himself/herself or the head of the household.
Article 41
The applicant of registration of movement shall be the person himself/herself or the head of the household.
The applicant of registration of movement of all household members shall be the head of the household.
Article 42
For the person departing from the country, who shall be subject to the moving-out registration under Paragraph 3 of Article 16, the Household Registration Office where the person’s domicile is registered shall proceed with the moving-out registration at its discretion.
Article 43
The applicant of household separation (combination) Registration shall be himself/herself or the head of the household.
Article 44
The applicant of birthplace registration shall be himself/herself or the applicant mentioned in Article 29.
Article 45
After the cases for household registrations occur or are ascertained, but no applicants are available for those cases as stated in Articles 29 to 32, the first proviso of Article 33, proviso of Article 34, Article 36 and Article 40, Article 41 and its first two provisos, the interested persons shall act as the applicants.
Article 46
The applicant for alteration, correction, revocation, or annulment registration shall be the concerned party himself/herself. If the concerned party cannot apply the application, the applicant should be the original applicant or interested person. Likewise, the Household Registration Office shall proceed with the alteration, correction, revocation, or annulment registration at its discretion.
Article 47
If the applicant cannot make an application personally, he/she shall entrust another person with a letter of proxy to make such application.
Except where there are due reasons which the Household Registration Office approves, the provision outlined in the previous Paragraph does not apply to the registrations of parentage, adoption termination, narriage, or divorce agreed upon by both parties concerned.
Article 48
The applications for household registrations should be made within 30 days after the cases concerned occur or are ascertained; however, birth registration must be made within 60 days.
The Household Registration Office should still accept overdue applications.
When the Household Registration Office finds overdue applications that are not made within the statutory time limit, it
Article 48-1
The following household registrations shall be filed directly by the household registration office without notification procedure:
1.Registration of Presumption of Death.
2.Household annulment registration of loss of ROC nationality.
3.Household revocation registration of revoking the household registration under the preceding subparagraph.
4.Household revocation registration of revocation of the ROC nationality.
5.Household revocation registration of loss of citizenship of Taiwan.
6.Household annulment registration of loss of citizenship of Taiwan.
Article 48-2
The following household registrations shall be filed directly by the household registration office if the concerned parties still fail to apply for relative registration for themselves after notification:
1.Birth registration.
2.Registration of legal guardianship
3.Assistance registration
4.Registration to exercise responsibility for the rights and obligations for minor children
5.Registration of death
6.Initial household registrations
7.Registrations of re-location
8.Alteration (Correction), revocation and annulment registrations
9.Registrations of personal status upon court's final judgment, court mediation or court settlement.
Article 49
In case the surname of the concerned party of the birth registration is not sure according to related laws, if the child is legitimate, the applicant can decide the child to be registered with the father or mother's surname upon taking a draw; if the child is illegitimate, the child is registered with the mother's surname; if the child is abandoned or helpless, the child is registered with the legal guardian's surname.
Should the Household Registration Office register a child according to Subparagraph 1 of the previous Article, if the child is legitimate, the applicant can register the child with the father or mother's surname upon taking a draw; if the child is illegitimate, the child is registered with the mother's surname; if the child is abandoned or helpless, the child is registered with the legal guardian's surname and the director of the Household Registration Office should give the child a first name.
Article 50
In case the whole household moves out of its place of domicile without conducting Moving-out Registration within the statutory time limit and the household cannot be notified, the Household Registration Office shall process the moving-out registration to immigrate the whole household to the address of the Household Registration Office directly under the application being made by the house owner, managing authority, or local government. Suppose the house owner, managing authority, or local government mentioned in the prior Paragraph does not make the application. In that case, the Household Registration Office shall process the registration directly to temporarily move the whole household to the address of the Household Registration Office.
When an inmate in correction authority meets one condition of the preceding Paragraph, the Household Registration Office shall make moving-out registration to the corrections authority, and it is not bound by Paragraph 1 and Paragraph 2 of Article 16.
When the Household Registration Office receives notification from the corrections authority that the inmate is released, it shall verify the fact. It shall process move-in registration by the Household Registration Office where the inmate lives.