Do Japanese–Taiwanese Dual Nationals Have to Choose a Nationality?

Do people with both Japanese and Taiwanese nationality have to choose one after they come of age? As someone who is half Japanese, half Taiwanese and a Gyoseishoshi, let me give you the most precise legal answer I can.

What the law says

外国の国籍を有する日本国民は、外国及び日本の国籍を有することとなつた時が十八歳に達する以前であるときは二十歳に達するまでに、その時が十八歳に達した後であるときはその時から二年以内に、いずれかの国籍を選択しなければならない。

Nationality Act of Japan, Art. 14(1): a Japanese national who also holds a foreign nationality must choose one nationality by age 20 if both were acquired before age 18, or within two years if acquired after turning 18.

"Japan doesn't recognize Taiwan, so there's no need to choose"?

Many videos and articles answer the question this way. It is not accurate.

First, Article 14 does not say that only countries Japan recognizes count. The Ministry of Justice also states clearly that one country cannot decide whether a person holds another country's nationality. Whether you hold Taiwanese nationality is determined first by Taiwanese law.

Japan's administration does sometimes handle Taiwan-related status, documents or nationality questions in particular ways, but that is a completely different question from whether Taiwanese nationality counts as a foreign nationality. In its explanations on confirming nationality, the Ministry even notes that people from Taiwan may need several documents.

So whether Japan recognizes Taiwan and whether Taiwanese nationality exists under Japanese law are two different questions.

If I really hold both nationalities?

If you objectively hold both Japanese and a foreign nationality, the choice-of-nationality rules in Article 14 apply. Legally, the duty to choose exists.

What if I don't choose?

Under Article 15, the Minister of Justice may send a written demand to choose to someone who has not done so. Only if the person still does not choose within one month of the demand does the loss of Japanese nationality, in principle, follow.

And in materials published in 2021, the Ministry of Justice stated: "No demand to choose a nationality has ever been made by the Minister of Justice." The system exists in law, but as of that date it had never actually been used. That is the gap between the legal rule and administrative practice.

What if I choose Japanese nationality?

Under Article 14(2), you can choose Japanese nationality by making a declaration of choice. But the declaration does not make your Taiwanese nationality disappear. Article 16(1) says a Japanese national who has made the declaration "must endeavor to renounce the foreign nationality."

The Ministry explains that whether the declaration automatically ends a foreign nationality depends on that country's law. For Taiwan, losing nationality requires an application to the Ministry of the Interior under Taiwan's Nationality Act. The Ministry also states that if you do not actually renounce the foreign nationality afterward, your choice of Japanese nationality does not become invalid, and you are not automatically subject to criminal or administrative penalties.

The precise answer

Dual nationals are not automatically exempt just because Japan does not recognize Taiwan. If you legally hold both Japanese and a foreign nationality, the duty to choose exists in principle.

On the other hand, having a legal duty to choose and actually being told by the Japanese government to choose right away are two different things. The question can't be reduced to "you don't need to choose," or to "you must give one up as soon as you come of age." The real legal answer is far more complicated than a one-line answer online.

Understanding Japan through law.

This article provides general legal information, not legal advice on any individual case. Please consult us about your own situation; for disputes or litigation, consult an attorney.