China

A conflict of law issue may arise where a child simultaneously possesses Chinese nationality and a foreign nationality. This issue stems from China’s adoption of the principle of single nationality and its non-recognition of dual citizenship. Although another country may recognise the child as its citizen, China treats the child solely in accordance with its Nationality Law. As a result, nationality, legal status, and the application of relevant laws may differ between jurisdictions.

The People’s Republic of China adopts the principle of jus sanguinis in determining nationality. Under this principle, children born in China to one or both Chinese national parents acquire Chinese nationality. Likewise, children born outside China to one or both Chinese national parents also acquire Chinese nationality, unless one or both parents have settled abroad and the child acquires a foreign nationality at birth. China’s nationality legislation does not define the term “stateless person”, leaving the determination to the discretion of the relevant authorities.

This principle is reflected in Article 5 of the Nationality Law of the People’s Republic of China, which provides that any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. However, where both parents are Chinese nationals and have settled abroad, or one parent is a Chinese national who has settled abroad, and the child acquires foreign nationality at birth, the child shall not have Chinese nationality.

China adopts the principle of single nationality and does not recognise dual citizenship. Article 3 of the Nationality Law expressly provides that China does not recognise dual nationality for Chinese nationals. Article 9 further provides that a Chinese national who voluntarily acquires a foreign nationality automatically loses Chinese nationality. In addition, Article 13 provides that Chinese nationals who wish to renounce their Chinese nationality may submit an application, subject to approval by the competent government authorities. Foreign nationals who have previously held Chinese nationality may apply to resume Chinese nationality if they have proper reason to do so. However, those whose applications to resume Chinese nationality are approved may not retain their foreign nationality.

Article 15 of the Nationality Law further provides that nationality applications within China shall be handled by the public security bureaus of the municipalities or counties where the applicants reside, while nationality applications made abroad shall be handled by China’s diplomatic representative agencies and consular offices.

The principle of single nationality has its historical origins in China’s efforts to regulate nationality and maintain diplomatic relations with neighbouring countries. Prior to the current Nationality Law, the 1929 Nationality Law facilitated the reacquisition of Chinese nationality, making dual nationality among overseas Chinese more common. However, following the establishment of the People’s Republic of China, the government gradually shifted towards a policy of non-recognition of dual nationality. Bilateral treaties with countries including Indonesia, Malaysia, and the Philippines reflected this policy by adopting the principle of single nationality.

The primary objective of this policy was to regulate nationality, avoid multiple nationality, and maintain judicial sovereignty and diplomatic stability. Historically, China regarded multiple nationality as a threat to state control and peaceful international relations. The policy also aimed to address concerns raised by neighbouring countries regarding overseas Chinese communities and to protect the legal status of overseas Chinese abroad. Despite the prohibition against dual nationality, situations of de facto dual nationality continue to arise. One common example involves children born to a Chinese parent and a foreign parent who acquire both nationalities by birth. Such circumstances create practical difficulties despite the legal prohibition on dual nationality.

The implementation of the single-nationality rule is therefore not always straightforward. The Nationality Law itself acknowledges situations in which nationality is determined differently depending on whether a Chinese parent has settled abroad. In practice, differing interpretations of the term “being settled abroad” have resulted in varying applications of the law by different government authorities and courts.

Poor communication between administrative authorities has also contributed to the existence of de facto dual nationality. Although the Chinese government has sought to improve information sharing between relevant agencies and strengthen enforcement against the illegal possession of multiple nationalities, instances of individuals retaining Chinese documents after acquiring foreign nationality have continued to occur. If discovered, such individuals may lose Chinese nationality, household registration (hukou), and the associated social rights.

Accordingly, although China’s Nationality Law adopts the principles of jus sanguinis and single nationality, situations of de facto dual nationality may still arise. Where a child simultaneously possesses Chinese nationality and a foreign nationality, conflict of law issues may arise because China does not recognise dual nationality and treats the child solely in accordance with its Nationality Law, while another country may recognise the child as its own citizen.

Despite ongoing debate regarding whether China should recognise dual nationality, the current legal position remains unchanged. Supporters of the existing system maintain that the single-nationality rule is necessary to preserve diplomatic relations and national interests, while opponents argue that it creates practical difficulties in an increasingly globalised world. Nevertheless, based on the present Nationality Law and China’s longstanding policy, dual nationality is not recognised.

Procedure for Parents to Bring the Child Back to China and Obtain Chinese Nationality

Where a child is born at overseas to Chinese national parent(s), the parents should take the following steps:

Register the child’s birth with the Chinese Embassy or Consulate at the country and submit a nationality application in accordance with Article 15 of the Nationality Law.
Submit the required supporting documents, which generally include:
- the child’s birth certificate (from that country);
- the parents’ Chinese passports and identity documents;
- the parents’ marriage certificate (where applicable); and
- any other documents required by the Chinese diplomatic or consular authorities.
Verification of Chinese nationality. The Chinese diplomatic or consular authorities will determine whether the child has acquired Chinese nationality under Article 5 of the Nationality Law, particularly where issues relating to the parents’ settlement abroad or the child’s acquisition of another nationality at birth arise.
Issuance of Chinese travel documents. If the child is confirmed to be a Chinese national, the child may be issued a Chinese passport or other appropriate travel document to enable entry into China.
Registration after arrival in China. Upon returning to China, the parents may be required to complete the relevant household registration (hukou) or other local registration procedures in accordance with the applicable laws and administrative requirements.