- 更新時間:2020/04/21 10:19:57
1.January 17, 2001 Presidential decree Hua-tsung-yi-tzu-no.9000009310
2.December 3,2008 Presidential decree Hua-tsung-yi-tzu-no.09700253161 amended on Article 8
Article 1 Said act is promulgated for the recognition of the indigenous peoples status and protection of indigenous peoples rights. Unless herein provided, the relevant existing laws shall govern.
Article 2 The term "indigenous people" herein includes native indigenous peoples of the mountain and plain-land regions. Status recognition, unless otherwise herein provided, is as provided in the following: * Mountain indigenous peoples: permanent residents of the mountain administrative zone before the recovery of Taiwan, moreover census registration records show individual or an immediate kin of individual is of indigenous peoples descent. * Plain-land indigenous peoples: permanent residents of the plain-land administrative zone before the recovery of Taiwan, moreover census registration records show individual or an immediate kin of individual is of indigenous peoples descent. Individual is registered as a plain-land indigenous peoples e in the village (town, city, district) administration office.
Article 3 Unless otherwise provided in Article 9, indigenous peoples who marries a non- indigenous individual does not forfeit indigenous peoples status. However, the non- indigenous peoples do not acquire the indigenous peoples status.
Article 4 Children of intermarriages between indigenous peoples and indigenous peoples shall acquire the indigenous peoples status. Children of intermarriages between indigenous peoples and non- indigenous peoples taking the surname of the indigenous father or mother, or using the indigenous peoples traditional name shall be granted indigenous peoples status. When rights and obligations of minor children in the event of the divorce of parents or demise of a parent from the foregoing intermarriages are to be placed under the execution or responsibility of the indigenous parents, the children who do not possess the indigenous peoples status shall acquire the indigenous peoples status.
Article 5 Unless otherwise provided in Article 9, the adoption of an indigenous child by non- indigenous parents shall not cause the child to forfeit indigenous peoples status. Non-indigenous peoples minor under the age of seven adopted by childless indigenous parents over the age of 40 shall acquire the indigenous peoples status. Prior to the enactment of said act, the adoption of non-indigenous peoples minor under the age of seven by childless indigenous parents is not subject to the foregoing age and childless status limitations. Upon the dissolution of the relationship stated in the foregoing two paragraphs shall cause the adopted child to forfeit indigenous peoples status.
Article 6 Children who were born out of wedlock by indigenous peoples shall acquire the indigenous peoples status. A child born out of wedlock, as stated in the foregoing paragraph, claimed by the non- indigenous father shall forfeit aborigine status; however if a prior agreement provided child should take the mother's surname or have an indigenous peoples traditional name, child shall not forfeit indigenous peoples status. The children who were born out of wedlock by a non- indigenous woman and, upon the claim of the indigenous father, took the father's surname or had an indigenous peoples traditional name shall acquire the indigenous peoples status.
Article 7 A child taking the surname of the indigenous parent or having a traditional indigenous peoples name, as provided in Article 4 paragraph 2 and paragraphs 2 and 3 of the foregoing Article, may acquire or alter said status through the arrangement of a statutory representative during the period child is a minor, or by option after child has reached legal age. Said right is not subject to the limitations of Article 1059 of the Civil Code and Article 1 paragraph 2 of the Full Name Registration Law. The child taking the non- indigenous parent's surname shall likewise forfeit his/her indigenous peoples status. Surname change or acquisition of traditional indigenous peoples name is limited to once during period child is minor and once after child has reached legal age.
Article 8 Individuals entitled to the indigenous peoples status as provided in said act who, prior to the enactment of said act, forfeited or failed to acquire their indigenous peoples status through marriage, adoption, or other reasons, may present documents adequately supporting their indigenous peoples status and apply for status recovery or acquisition. When dead conform Article 8 paragraph 1, the provisions in Article4 paragraph 2, and Article7 shall be applicable to legitimate children.
Article 9 Under any one of the following circumstances, indigenous peoples are obliged to apply for status forfeiture: * indigenous peoples marries non-indigenous peoples * indigenous peoples are adopted by non-indigenous peoples * upon reaching the age of twenty, indigenous peoples chose to abandon indigenous peoples status. Indigenous peoples who forfeited status in light of the foregoing, except for the circumstance provided in paragraph 3, may recover their indigenous peoples status at the dissolution of said marriage or adoption upon the presentation of pertinent documents. Immediate kin of indigenous peoples who forfeited status as provided in paragraph 1 do not forfeit status during the forfeiture application.
Article 10 In the event of the intermarriage between mountain and plain-land indigenous peoples, parties concerned should agree to change status to either mountain or plain-land indigenous peoples; children of said marriage take the same status. In the event no status alteration agreement has been made, then their children may acquire the mountain or plain-land status or alter status through the arrangement of a statutory representative during the period child is a minor, or by option after child has reached legal age.
Article 11 Indigenous peoples status acquisition, forfeiture, alteration, or recovery applications should be filed at the local census office at the applicant's place of domicile. Applications are evaluated to determine consistency with the law, then registration or cancellation of the mountain or plain-land indigenous peoples status and tribe is noted in the census data and census registration book; said registration or cancellation data is then forwarded to the village (town, city, district) administration office at the applicant's place of domicile. There foregoing indigenous tribe recognition procedure is as determined by the Executive Yuan.
Article 12 In the case of census registration error, omission, or other factors resulting in the erroneous indigenous peoples registration or omitted indigenous peoples registration, upon the discovery of said error or omission, the local census office at the individual's place of domicile should notify the individual concerned and amend registration information, or the individual concerned may request the local census office to verify and amend registration information.
Article 13 Said act takes effect on January 1, 2001.