Regaining Vietnamese Nationality While Keeping Taiwanese Nationality 2026: Overstay and Voluntary Surrender, Lost Passports and ARCs, and Bringing a Child Back to Taiwan

Key Takeaways

• Can a person who gave up Vietnamese nationality to naturalize in Taiwan regain it and still keep Taiwanese nationality? Under the newly amended Law on Vietnamese Nationality, a Vietnamese person who previously renounced Vietnamese nationality may apply to be considered for reacquisition of Vietnamese nationality, and an applicant who meets the statutory conditions and obtains the permission of the President of Viet Nam may retain his or her foreign nationality.
• What procedures must be followed in the event of an overstay, a change of registered address, or voluntary surrender to the competent authorities? (1) Overstay: A person who has overstayed for less than 30 days and whose original reason for residence still exists may, after being penalized under Article 31, Paragraph 3 of the Immigration Act, re-apply for residence.
• If a passport, Alien Resident Certificate (ARC), or other residence document is lost in Taiwan, what procedures must be followed to obtain a replacement or return to Vietnam? Loss of passport: (1) The person must apply in person, bringing an identity document other than the passport and two 2-inch photographs, to a Service Center or Specialized Operation Brigade of the National Immigration Agency, or to the Border Affairs Corps at an airport or seaport, for a "Certificate of Record of Lost Foreign Passport".
• A child with Taiwanese nationality taken back to Viet Nam cannot enrol in school there. How can the child return to Taiwan to register a household and study? Since the child holds Taiwanese nationality and was able to enter Viet Nam, the child must hold a Republic of China (Taiwan) passport. The first step is therefore to return to Taiwan and complete household registration, which is the prerequisite for school enrollment.

The questions in this article were raised by Vietnamese officials in Taiwan and leaders of the Vietnamese community at the Seminar on Legal Issues Facing Vietnamese in Taiwan , held on 17 September 2026 at the Vietnam Economic and Cultural Office in Taipei. The answers were prepared by the Taiwanese lawyers of Louis Group on the basis of the law currently in force in Taiwan, and are provided in Chinese, English and Vietnamese.

First steps in the four situations

Frequently Asked Questions (FAQ)

Can a person who gave up Vietnamese nationality to naturalize in Taiwan regain it and still keep Taiwanese nationality?

Under the newly amended Law on Vietnamese Nationality, a Vietnamese person who previously renounced Vietnamese nationality may apply to be considered for reacquisition of Vietnamese nationality, and an applicant who meets the statutory conditions and obtains the permission of the President of Viet Nam may retain his or her foreign nationality. The conditions include that retaining the foreign nationality is consistent with the law of that foreign country and that the foreign nationality will not be used to harm the interests of Viet Nam; the Vietnamese side will also ask for the relevant document from the competent foreign authority. Under Taiwan's Nationality Act, a person of Vietnamese origin who has been naturalized as a national of the Republic of China (Taiwan) may subsequently apply for a foreign nationality; therefore, as a matter of principle, the applicant is not required to renounce Taiwanese nationality during the application and review process, although the specific outcome remains subject to the determination of the competent Vietnamese authorities. One point must be stressed: when applying to reacquire Vietnamese nationality, the applicant must not, on his or her own initiative, apply for the loss (renunciation) of Taiwanese nationality. Once Taiwanese nationality is lost, a naturalized person can regain it only by going through the naturalization process again.

Taiwanese law, as a matter of principle, accepts dual nationality; under Article 20 of the Nationality Act, however, a national who also holds a foreign nationality may not, as a rule, hold public office in Taiwan.

Under Taiwanese law, unless a naturalized person submitted forged or false documents, the Taiwanese government will not challenge the validity of that person's Taiwanese nationality. In addition, a person holding both Taiwanese and Vietnamese nationality is advised to keep his or her name consistent in Taiwan and in Viet Nam, so that identity documents issued in the two places can be cross-referenced and matched in property registration and, ultimately, in inheritance matters upon death.

Question as originally raised at the seminar: A person who previously renounced Vietnamese nationality in order to acquire Taiwanese nationality now wishes to reacquire Vietnamese nationality. Would that person be allowed to retain Taiwanese nationality at the same time? If dual nationality may be considered, what are the specific conditions and in what circumstances would this be permitted? In addition to the requirements under Vietnamese law, does a person applying to reacquire Vietnamese nationality need to satisfy any additional requirements or complete any procedures under Taiwanese law in order to avoid nationality-related complications?

What procedures must be followed in the event of an overstay, a change of registered address, or voluntary surrender to the competent authorities?

The procedures for the three situations are as follows:

(1) Overstay: A person who has overstayed for less than 30 days and whose original reason for residence still exists may, after being penalized under Article 31, Paragraph 3 of the Immigration Act, re-apply for residence. A person who has overstayed for 30 days or more should, as a rule, contact the National Immigration Agency to arrange departure; the Agency may, under Article 36 of the same Act, order the person to leave within 10 days or deport the person.

(2) Change of address: The change must be registered within 30 days from the day after the change occurs, at the Service Center of the new place of residence or through the online system; late registration is subject to a fine of NT$2,000 to NT$10,000 under Article 85 of the same Act.

(3) Voluntary surrender: The person should report to the Specialized Operation Brigade of the National Immigration Agency before being apprehended. A person who surrenders before being apprehended, is willing to cooperate with the departure formalities and pays the fine by the deadline may, as provided by law, have the overstay fine reduced by one half (a rule in force since 1 October 2025). This does not apply to a person who is eligible to re-apply for residence under Article 31, Paragraph 3, and the reduction will be revoked, with the difference payable, if the fine is not paid on time or the person fails to leave by the deadline. When surrendering, the person may also report an illegal employer or broker; where the report is supported by specific evidence and leads to the detection of a case of illegal employment or illegal brokering, the overstay fine may be waived as provided by law. Merely filing a report does not by itself bring a waiver, and the entry ban continues to be governed by the directions on the prohibition of entry of foreign nationals.

A person who has overstayed for 90 days or less may complete the formalities at a Service Center or at the airport or seaport; a person who has overstayed for 91 days or more must first go to the Specialized Operation Brigade to have a written statement taken. As a rule, the fine must be paid when the departure formalities are completed, but inability to pay does not necessarily prevent departure; the person should explain the situation to the Specialized Operation Brigade in advance so that the Agency can arrange departure. Any unpaid amount may still be recovered under the Administrative Execution Act.

Under the directions on the prohibition of entry of foreign nationals, a person who has overstayed for less than one year is, as a rule, barred from entry for one year; a person who has overstayed for one year or more is barred for a period corresponding to the length of the overstay, up to a maximum of seven years. A person who has overstayed for less than 91 days may not be subject to an entry ban (but may not enter visa-free or on a landing visa within one year). An unpaid fine does not by itself extend the ban period.

For the amount of the overstay fine, detention, and the consequences where illegal work is also involved, see Side Jobs on a Taiwan ARC 2026: Second Employers, Foreign Technical Personnel Status, and the Penalties for Illegal Work and Overstaying .

If a passport, Alien Resident Certificate (ARC), or other residence document is lost in Taiwan, what procedures must be followed to obtain a replacement or return to Vietnam?

Loss of passport: (1) The person must apply in person, bringing an identity document other than the passport and two 2-inch photographs, to a Service Center or Specialized Operation Brigade of the National Immigration Agency, or to the Border Affairs Corps at an airport or seaport, for a "Certificate of Record of Lost Foreign Passport". A prior police report is not required for this procedure, but if theft is suspected, filing a police report to preserve evidence is still advisable. (2) With that certificate, apply to the Vietnam Economic and Cultural Office in Taipei, in accordance with its rules, for a replacement passport or a travel document for return to Viet Nam. (3) After obtaining the new passport or travel document, register the change of passport particulars at the National Immigration Agency Service Center of the place of residence.

Loss of Alien Resident Certificate: A replacement may be applied for online or in person at the National Immigration Agency; the original passport must be produced for inspection, together with an affidavit of loss or a police report.

A person wishing to return to Viet Nam may depart with a valid passport or a travel document issued by the Vietnamese side. Loss of the residence certificate alone usually does not prevent departure, but sufficient time should be allowed for the National Immigration Agency to verify identity and residence status. A person who intends to return to Taiwan later to work or reside should first confirm the residence certificate, visa and re-entry eligibility, because a travel document issued for return to Viet Nam cannot automatically be used to re-enter Taiwan. While replacement documents are being processed, the person may carry the certificate of the lost-passport record or the application receipt to explain the situation during a police check, but a copy cannot replace a formal passport or residence certificate.

A child with Taiwanese nationality taken back to Viet Nam cannot enrol in school there. How can the child return to Taiwan to register a household and study?

Since the child holds Taiwanese nationality and was able to enter Viet Nam, the child must hold a Republic of China (Taiwan) passport. The first step is therefore to return to Taiwan and complete household registration, which is the prerequisite for school enrollment. The first issue that will arise, however, is whether the child has violated Vietnamese residence regulations at the time of leaving Viet Nam; if the child has overstayed, the applicable fine must be paid. The second step is that, after the child returns to Taiwan, the child's parents must apply for the child's household registration in Taiwan. If one parent is not in Taiwan, that parent must execute a power of attorney (letter of authorization) authenticated by the Republic of China's overseas mission (Taipei Economic and Cultural Office). If the child previously had household registration in Taiwan and was registered as having moved out after being abroad for two years or more, it is enough to register the move back in after entering on the Taiwan passport. If the child has never had household registration in Taiwan, an application for permission to settle must first be made to the National Immigration Agency, followed by initial household registration at the household registration office. Once household registration has been completed, the child can be admitted to the elementary or junior high school of the school district corresponding to the registered address, and can join the National Health Insurance program as the rules provide (immediately if the child had NHI coverage within the last two years; otherwise, as a rule, after six months of household registration).

Question as originally raised at the seminar: A second-generation child holding Taiwanese nationality was brought back to Viet Nam by the mother to be cared for by the maternal grandparents due to the family's financial difficulties. The child is currently living in Viet Nam but does not hold Vietnamese nationality and is therefore facing difficulties in enrolling in school. Could the lawyers please provide specific guidance on the procedures the family needs to complete in order for the child to return to Taiwan, reunite with the family, and attend school there? What steps should be taken, which authorities are competent to handle the case, and what documents need to be prepared?

Where to get help

• National Immigration Agency Service Centers and Specialized Operation Brigades: voluntary surrender for overstay, change of address, replacement of an ARC, the lost-passport record certificate, and applications to settle by nationals without household registration.
• The Vietnam Economic and Cultural Office in Taipei: replacement Vietnamese passports, travel documents for return to Viet Nam, and applications to regain Vietnamese nationality.
• Household registration offices: registration of a move back in, initial household registration, and the intake counter for nationality-related applications.
• The 1955 hotline: run by the Ministry of Labor, with service in Vietnamese, free of charge and available 24 hours a day.
• The Legal Aid Foundation: those who qualify may apply for a lawyer’s assistance free of charge.

Further reading

• Side Jobs on a Taiwan ARC 2026: Second Employers, Foreign Technical Personnel Status, and the Penalties for Illegal Work and Overstaying
• Withheld Passports, Excessive Broker Fees and Forced Repatriation in Taiwan 2026: Taiwanese Lawyers Answer Vietnamese Workers’ Questions
• Lending Your Bank Account, ATM Card or SIM in Taiwan 2026: Money-Laundering Risk, Your Rights When Police Summon You, Carrying Packages and Scooter Accidents

Authors: Chun-Hung Yeh , Raymond Yu (Po-Chang Yu) and Li-Chen Chen | Louis Group

This article provides general legal information and is not legal advice on any specific case. Laws and administrative practice may change; for your own situation, consult a lawyer, call the 1955 hotline or contact the Legal Aid Foundation.