Chapter 1. General Provisions
These enforcement rules are enacted in accordance with Article 82 of Household Registration Act (hereafter referred to as "this Act").
The authority in charge of household registration administrations shall be the Civil Affairs Bureau of municipal and county (city) governments.
The household is categorized as follows:
1. Common living household: It means the ordinary household of which the residents live together in the same family or place.
2. Common business household: It means the factory, shop, temple, organization, school or any other public or private place engaging in common businesses in the same place and under the same managing person.
3. Independent living household: It means the resident who lives independently in a place.
If there are different households in the same place, the households shall be separated according to the nature of such households. The name of a common business household, if any, shall be indicated.
In the common living household, the members are placed in the following order:
1. The head of household
2. The spouse of the head
3. The lineal ascendants of the head
4. The lineal descendants of the head
5. The side relatives of the head
6. Other relatives
In the common business household, the members are placed in the following order:
1. The head of household
5. Other members
If the head has other common living household or independent living household, the address of such household shall be indicated.
After receiving notice from immigration authority for a concerned party depart from the country for more than two years, household registration office shall notice the concerned party to apply for Move-out Registration in a certain period of time. In case the concerned party doesn’t apply for Move-out Registration in the certain time limit, household registration office may proceed with the Moving-out Registration at its discretion pursuant to the Article 42 of this Act, and then notify the concerned party.
In case of applying pursuant to paragraph 2, Article 17 of this Act for Moving-in Registration shall apply to the household registration office in the place where to move into.
Authority that needs household registration record may request the household registration authority to provide, or may transcribe and check by itself.
The authority that needs household registration record mentioned in the previous paragraph, which has built computerized information system shall apply by regulation for the linkage with the Household Registration Information System in order to obtain such record.
Chapter 2. Household Registration
I. Household registrations shall be made through applications by applicants. But after the census, under the condition of initial household registration or pursuant to Article 37, Article 38, Article 42, Article 48-1, Article 48-2, Paragraph 2 of Article 49 and Article 50 of this Act, the household registration office may proceed with the registration after receiving notice from correctional authorities, police authorities, immigration authorities, prosecutors, military prosecutors, courts, military courts, healthcare competent authorities, central competent authorities, social welfare competent authorities of municipalities / counties (cities), house owner, house managing authorities, autonomous local authorities, or proceed with it ex officio.
II. In the case of litigation after registration, the concerned party shall apply for alterations, corrections, revocations, or cancellation to Article 25 of this Act after a final judgment has been handed down, or a litigious settlement or mediation has been reached; if the concerned party makes no application after receiving writing notice pursuant to Paragraph 3 Article 48 of this Act, the Household Registration Office shall proceed with the registration ex officio and notify the concerned party after registration.
I. If those who are required to make initial household registration in accordance with subparagraphs 1~3 of Article 15 meet one of the following conditions, the household registration office shall notify the National Immigration Agency:
1.Not residing domestically; or
2.The household address used when applying for initial household registration cannot be registered.
II.The household registration office shall proceed with registration and notify the head of household or house owner after registration has been completed in accordance with subparagraph 6 of Article 48-2.
A case involving two and more registrations shall be separately registered.
The date of birth, full name, national ID number, and address of the concerned party and the applicant as well as the application date shall be recorded on household registration forms; the household number and full name of the head of household shall be recorded where necessary.
Recorded date of a household registration by household registration office shall consistent with the date of the incident. In case the date of the incident is inconsistent with Taiwan area and the applicant raises proving documents, household registration office may make a note in Notes column of household registration record.
For the following registrations, the applicant shall furnish originals of proof documents when making an application:
2.Registration of acknowledgement of parentage
3.Adoption and/or adoption termination registration
4.Marriage and divorce registration. However, for marriages before May 22, 2008 (inclusive), where both concerned parties and two or more witnesses to the wedding come in person to apply for registration, the marriage certificate may be omitted.
5.Registration of legal guardianship
7.Registration of exercising responsibility for the rights and obligations of minor children
8.Registration of death or presumption of death
9.Initial household registration
10. Registration of movement: the registration that creates a new household
11. Household separation (combination) registration
12. Birthplace registration
13. Alteration, revocation, or cancellation registration
14. Registration of corrections (not including corrections of transcription errors)
15. Registrations done in accordance with other laws
I.The original copies of proof documents mentioned above,except those for birth, death, presumption of death, and initial household registration, shall be retained by the household registration office after examination. Photocopies of other documents may be kept for filing.
II.Documents submitted by applicants pursuant to the preceding paragraph and authorizing documents submitted by the applicants in accordance with Article 47 of this Act that are produced in foreign country shall be certified by ROC embassies, consulates, representative offices, or offices (hereinafter referred to as “diplomatic missions”). Documents produced in mainland China, Hong Kong, or Macau shall be certified by the institution established or designated by the Executive Yuan or private organization authorized by the Executive Yuan. Documents produced by foreign embassies, consulates or authorized institutions in R.O.C. shall be verified by MOFA (Ministry of Foreign Affairs).
III. If the aforementioned documents are done in a language other than Chinese, it is required that a Chinese translation version to be submitted and verified by ROC diplomatic missions or certified by a notary in the R.O.C..
VI. If a household registration office proceeds with birth, death, or presumption of death registration directly, it may keep the notification documents from the relevant authorities for filing; if it proceeds with initial household registration directly, it may keep the investigation document, at its discretion, for filing.
Any error or omission in the household registration owing to a procedural mistake by the household registration office shall be handled in the following ways:
1.Any error or omission in the household registration data of a current household shall be identified and corrected by the current household registration office, and the concerned party or the original applicant shall be informed.
2.Any error or omission in the cancelation of household registration data shall be identified and corrected by the last household registration office, and the concerned party or the original applicant shall be informed. If the error was not made by that office, the household registration office responsible for the error shall identify and correct it, and inform the concerned party or the original applicant.
If any error is recorded in the household registration owing to mistakes in submitted application documents, the applicant should present one of the following proof documents and apply to the household registration office where the domicile is registered for correction; the household registration office where the domicile is registered shall proceed in accordance with the preceding Article:
1.Household registration record, either of the first household registration or a previous household registration in Taiwan
2.Original national identification card issued by the government and bearing the seal of the issuing authority
3.Document proving graduation from or study at any general school, army or police school, or any training class, group or team
4.Birth certificate issued by public or private medical institutions or a qualified midwife
5.Certificate of suspension of military service, early separation, discharge, or military service status issued by the Ministry of Defense or its subordinate agencies
6.Final court verdict, non-prosecutorial disposition or public or certified certification by a domestic notary that can verify the fact
7.Other documents issued by another authority or institute.
To submit each one of the various proving documents listed except in the case Paragraph 1 and 6 of preceding Article, to correct the birth date of the household registration should be limited to the certificate issuing date or document established date prior to the issued date of the first household registration proving document in Taiwan. However, in case the certificate issuing date is later than the issuing date of household registration documents first registered in Taiwan, it should attach the copy of the original documents issued by related office which established prior to the issuing date of those documents first registered in Taiwan.
The age shown on the submitted certificate for correcting the birth date of household registration should be counted according to chronological age of country calendar. As to the certificate only with age, should use the certificate issuing date or ROC year minus the age to presume its birth year. However, the person born before the country establishing year should use the age on the certificate minus the year issued certificate or year established plus one to count his age.
I. When a person to be notified according to Article 46 of this Act is found to be deceased or missing, the household registration office shall notify the spouse or first-degree lineal blood relative.
II.The notification mentioned in Paragraph 3 of Article 48 of this Act shall have a time limit of no less than seven days; such notification shall be served to the applicant.
III.Notification issued pursuant to Article 48-2 of this Act by the household registration office shall indicate that if the application is not filed within the specified time limit, the household registration office shall make a registration directly according to that Article.
VI.After the household registration office makes a registration directly pursuant to Article 48-1 and Article 48-2 of this Act, it shall notify the applicant who should have applied for the registration.
VII.After the household registration office make a registration pursuant to Paragraph 1 of Article 50 of this Act, it shall transfer the domicile of the whole household to the household registration office temporarily with address indicated, and notify the police authorities.
For incompleteness of household registrations, the household registration office shall notify for correction at a time.
I.When accepting household registration, the household registration office shall examine the applicant’s original National Identification Card and Household Certificate. The household registration office shall examine the passport, alien resident certificate, alien permanent residence certificate, or entry/exit permit of foreigners, stateless persons, nationals without household registration, and residents of mainland China, Hong Kong, and Macao.
II.When accepting household registration, the household registration office shall input the registration information into its computer system and print out registration application forms. The forms and photocopies or original copies of proof documents kept shall be bound in volumes by year and village for filing in the household registration office.
I.Household registration entries shall be registered in relevant columns or households, with causes and dates indicated. If the head of a household is the party concerned in the registration of household head alteration, death or presumption of death, move, household separation (combination), address alteration, household revocation, or household annulment, such household shall be listed as cancelled and the household record thereof shall be copied and the copy retained.
II. If a household is cancelled as in the preceding paragraph due to household head alteration, death or presumption of death, move, address alteration, household revocation, or household annulment, and the household still has other members registered, the household registration applicant shall choose one member to be the new household head. If all household members registered have no or limited capacity to make juridical acts, the eldest member shall be the new household head.
III.If the head of household is the party concerned in a registration of death or presumption of death, move, address alteration, household revocation or household annulment pursuant to Article 42, Article 48-1, or Article 48-2 of this Act, such household shall be listed as cancelled and one new household head chosen from the remaining household members pursuant to the preceding Paragraph.
Chapter 3. Census and Household Statistics
The areas and periods of census shall be prescribed by municipal and county (city) governments, and shall be submitted to the central competent authority for examination and filing.
The date of census shall be stipulated by municipal and county (city) governments.
When making census, the household registration offices shall issue household labels according to the sequence of households in each Neighborhood, marking the village and door plate No. of household. From the day of census, the offices shall assign personnel to proceed with the census in the households one by one, and fill out the census papers. The census papers, which may be substituted with the household registration application forms, shall be filled out by the census personnel, but shall be signed or affixed with chops of the heads of households or the agents of the persons who receive census. For the common business households, the papers may be issued to them for filling out.
The census shall be conducted on household basis. The households shall be grouped according to village, neighborhood and door plate No.
After completing the census and re-checking, the household registration office shall process the household registration immediately, and produce result statistics, which shall be submitted to the central competent authority.
When processing initial household registration in a domiciliary registration area, the household registration office shall input the information obtained from census into computer system, with copies bound into volume by village sent to the municipal or county (city) government for examination and filing.
All forms and lists for processing census and household registrations shall be produced by the household registration offices or municipal and county (city) governments. In any alteration made to the entries of the census or household registration forms and lists there shall be affixed with the chop of the person who makes the alteration.
For the census and household registration, there shall check and record the household in which existing residents have resided or are expected to reside for three and more months.
When the household registration office makes the census on every household and every member of household, the chief of each village and neighborhood, as well as the clerks of each village and policemen of each police precinct shall provide the office with assistance.
Any person refuses to accept checking or correction of the entries of household registration without any due reason, the household registration office shall notify him/her to make them up when he/she applies for household registrations or various certificates.
When verifying educational degrees pursuant to Article 72 of this Act, the household registration office shall make an entry of such a background in accordance with the register of graduates' educational degrees furnished by middle schools and higher, the proof documents surrendered by the parties concerned, results that household registration personnel have obtained verbally, or data provided by related authorities. When making an entry of educational background as mentioned above, the titles of schools and departments may be omitted.
The forms, methods and dates of production of household statistics shall be stipulated by the central competent authority.
Chapter 4. Supplementary Provisions
The implementation procedures or supplementary requirements prescribed by each municipal and county (city) government for census and registrations shall be submitted to the central competent authority for examination and filing.
These Enforcement Rules shall come into force from the date of their promulgation.