Does Holding a 'Taiwan Compatriot Permit' Make One Considered 'Chinese'? Is Taiwan Household Registration at Risk? Scholar Clarifies: Travel Document Alone Does Not Confer Citizenship

The Chinese authorities recently announced the 'State Council Regulations on Exit and Entry Management,' which stipulate that if a 'Chinese citizen' violates regulations, mainland authorities may prohibit them from leaving the country. This has sparked public curiosity: does this new rule apply to people from Taiwan? Liang Wenjie, Deputy Minister of Taiwan's Mainland Affairs Council (MAC), stated that since Taiwanese use the Taiwan Compatriot Permit, mainland China considers them Chinese citizens. However, Kuei Hung-cheng, Chairman of the Democratic Foundation for Culture and Education, emphasized that the Taiwan Compatriot Permit is merely a travel document and does not automatically confer citizenship of the People's Republic of China.

### What Are the 'State Council Regulations on Exit and Entry Management'?

The State Council of China recently released the 'State Council Regulations on Exit and Entry Management,' effective from September 15. The new regulations state that Chinese citizens who violate export control rules and potentially endanger national industrial or technological security may be prohibited from exiting the country.

In Taiwan, there is concern that because Beijing does not recognize the Republic of China passport, Taiwanese entering mainland China using the Taiwan Compatriot Permit may be treated as 'Chinese citizens.' As such, the new regulations could theoretically apply to Taiwanese traveling to mainland China.

### What Is the Taiwan Compatriot Permit?

The Taiwan Compatriot Permit, officially known as the 'Mainland Travel Permit for Taiwan Residents,' is a travel and identification document issued by mainland China to residents of Taiwan. Its primary function is to facilitate entry and exit from mainland China.

### Liang Wenjie: Holding a Taiwan Compatriot Permit Means Being Treated as Chinese

At the MAC's regular press conference on August 13, Liang Wenjie stated that the law, titled 'State Council Regulations on Exit and Entry Management,' is comprehensive and applies to both Chinese citizens and foreigners. He noted that the definition of 'Chinese citizen' is often selectively interpreted by the mainland authorities.

Liang explained that in the mainland's view, since Taiwanese hold the Taiwan Compatriot Permit, they are considered Chinese. Therefore, when the mainland chooses to apply this interpretation, it can use exit and entry regulations to impose restrictions. He emphasized that such a scenario is possible and should be warned against.

Liang added that past cases show that regardless of whether individuals hold PRC nationality, mainland authorities often treat Taiwanese as Chinese citizens.

### Legal Scholar: Holding a Taiwan Compatriot Permit ≠ PRC Citizenship

Kuei Hung-cheng pointed out that both residents of mainland China and Taiwan are considered 'Chinese' under the constitutional frameworks of the People's Republic of China and the Republic of China, respectively—two governments that each claim sole legitimacy over 'China.' This constitutional understanding is shared by both sides.

According to Kuei, while both sides confer 'Chinese nationality' on their residents, in principle, an individual can only hold one nationality, determined by household registration. Thus, residents can only register a household in one region. To acquire the 'Chinese nationality' of the other side, approval and household registration are required.

Kuei criticized Liang Wenjie's remarks as unconstitutional and contrary to the 'Act Governing Relations between the People of the Taiwan Area and the Mainland Area.' He noted that ROC nationals include not only 'Taiwanese' but also 'Fujian people' from Kinmen and Matsu.

He challenged Liang to cite any law or document that recognizes a 'Taiwan national.' He also highlighted that when mainland residents visit Taiwan, the ROC issues them a 'Republic of China Taiwan Area Entry and Exit Permit,' which implies the existence of a 'Republic of China Mainland Area.'

Furthermore, Kuei emphasized that the legislative intent of the 'Cross-Strait Act' clearly states that mainland residents are also 'ROC people.' While holding a Taiwan Compatriot Permit grants eligibility to apply for conversion to PRC citizenship, one does not become a PRC citizen unless the formal application is made.