Agreement on the Issue of Dual Nationality between the Republic of Indonesia and the People's Republic of China

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Sino-Indonesian Dual Nationality Treaty  (1955) 
The Sino-Indonesian Dual Nationality Treaty was a bilateral agreement between the People's Republic of China and the Republic of Indonesia on the issue of the dual nationality of Chinese Indonesians. It was signed by Zhou Enlai, Premier and Foreign Minister of China, and Sunario, Foreign Minister of Indonesia, on 22 April 1955 during the Asian–African Conference in Bandung. Following ratification by both parties, the treaty came into force on 20 January 1960 after an exchange of the instruments of ratification in Beijing.
Agreement on the Issue of Dual Nationality between the Republic of Indonesia and the People's Republic of China

The Government of the Republic of Indonesia and the Government of the People's Republic of China, on the basis of the principles of equality, of mutual benefit, and of non-interference in domestic policies of each other's country; desirous of settling in the best possible way and through friendly cooperation the dual nationality of persons who have at the same time the citizenship of the Republic of Indonesia and of the People's Republic of China, decide to enter into this agreement and have for this purpose appointed their plenipotentiaries:

The Government of the Republic of Indonesia:

H. E. SUNARIO,

Foreign Minister;

and

The Government of the People's Republic of China:

H. E. CHOU EN-LAI,

Foreign Minister,

who, after having communicated to each other their full powers and found them in good and due form, agree to the following provisions:

Article I

The contracting parties agree that anybody who at the same time has the citizenship of the Republic of Indonesia and of the People's Republic of China shall choose between the two citizenships on the basis of his or her own will.

A married woman with a dual nationality shall also choose one of the two citizenships, on the basis of the will of the person concerned.

Article II

Anybody having dual nationality as mentioned under Article I who is already of age at the time of this agreement comes into force shall choose one of the two citizenships in two years' time after ratification presumably.

Persons considered of age under this agreement are those who are fully eighteen years of age, or those who are not yet fully eighteen but already married.

Article III

Anybody with dual nationality as mentioned under Article I who wishes to retain the citizenship of the Republic of Indonesia shall state his or her desire to abandon the citizenship of the People's Republic of China to the officers of the Republic of Indonesia in charge. After having expressed this desire the person is considered to have chosen the citizenship of the Republic of Indonesia on his or her own will.

Anybody with dual nationality as mentioned under Article I who wishes to retain the citizenship of the People's Republic of China shall state his or her desire to abandon Indonesian citizenship to the officers of the People's Republic of China in charge. After having expressed this desire the person is considered to have chosen the citizenship of the People's Republic of China on his or her own will.

Officers of the Republic of Indonesia in charge are: in the Republic of Indonesia, officers appointed by the Government of the Republic of Indonesia; in the People's Republic of China, the Embassy of the Republic of Indonesia and the Consulates of the Republic of Indonesia — if they exist — and temporary offices, which, on the basis of their being needed, are established by the Embassy or Consulates concerned and staffed by their officers. For the establishment of the temporary offices the agreement of the Government of the People's Republic of China shall be obtained.

Officers of the People's Republic of China in charge are: in the People's Republic of China, officers appointed by the Government of the People's Republic of China; in the Republic of Indonesia, the Embassy of the People's Republic of China and the Consulates of the People's Republic of China and temporary offices, which, on the basis of their being needed, are established by the Embassy or Consulates concerned and staffed by their officers. For the establishment of the temporary offices the agreement of the Government of the Republic of Indonesia shall be obtained. To enable persons with dual nationality to choose their citizenship the two contracting parties promise to agree to a simple expression of desire.

Provisions for choosing the citizenship laid down under this Article basically also apply to persons with dual nationality as mentioned under Article I residing outside the territory of the Republic of Indonesia and the People's Republic of China.

Article IV

The two contracting parties agree that anybody with dual nationality as mentioned under Article I who has chosen the citizenship of the Republic of Indonesia according to the provisions of this agreement shall automatically lose the citizenship of the People's Republic of China, and that anybody with dual nationality as mentioned under Article I who has chosen the citizenship of the People's Republic of China according to the provisions of this agreement shall automatically lose the citizenship of the Republic of Indonesia.

Article V

The two contracting parties agree that anybody with dual nationality as mentioned under Article I who does not express the choice of citizenship within two years as stipulated under Article II shall be considered to have chosen the citizenship of the Republic of Indonesia when his or her father's side is of Indonesian descent, and shall be considered to have chosen the citizenship of the People's Republic of China when his or her father's side is of Chinese descent.

When the person concerned has no legal relation with his or her father or when the father's citizenship is unknown, the person shall be considered to have chosen the citizenship of the Republic of Indonesia when his or her mother from the father's side is of Indonesian descent, and the person shall be considered to have chosen the citizenship of the People's Republic of China when his or her mother from the father's side is of Chinese descent.

Article VI

Anybody with dual nationality as mentioned under Article I who is not yet of age at the time the agreement comes into force shall choose his or her own citizenship within one year of coming to age.

While still under age, the person concerned shall be considered to have the citizenship of his or her parents' choice or of his or her father's choice according to the provisions of this agreement.

When the person concerned has no legal relation with his or her father or when his or her father has died before declaring his choice of citizenship within the stipulated period or when his or her father's citizenship is unknown, the person shall be considered to have the citizenship of his or her mother's choice according to the provisions of this agreement.

When the person concerned after coming to age does not express the choice of citizenship within the time stipulated under this Article, the person is considered to have chosen on his or her own will his or her citizenship prior to coming to age.

Article VII

Anybody with dual nationality as mentioned under Article I who has adopted the citizenship of the Republic of Indonesia and has lost the citizenship of the People's Republic of China shall automatically lose his or her citizenship of the Republic of Indonesia when the person, after leaving the territory of the Republic of Indonesia, has established permanent residence outside the Republic of Indonesia and has regained the citizenship of the People's Republic of China on his or her own free will.

Anybody with dual nationality as mentioned under Article I who has adopted the citizenship of the People's Republic of China and has lost the citizenship of the Republic of Indonesia shall automatically lose his or her citizenship of the People's Republic of China when the person, after leaving the territory of the People's Republic of China, has established permanent residence outside the People's Republic of China and has regained the citizenship of the Republic of Indonesia on his or her own free will.

Article VIII

Children born within the territory of the People's Republic of China shall possess the citizenship of the Republic of Indonesia as from the dates of their births when their parents or only their father possess the citizenship of the Republic of Indonesia.

Children born within the territory of the Republic of Indonesia shall possess the citizenship of the People's Republic of China as from the dates of their births when their parents or only their father possess the citizenship of the People's Republic of China.

Article IX

A child, citizen of the People's Republic of China, legally adopted by a citizen of the Republic of Indonesia while still under five years of age shall by virtue of this be considered a citizenship of the Republic of Indonesia and shall lose his or her citizenship of the People's Republic of China.

A child, citizen of the Republic of Indonesia, legally adopted by a citizen of the People's Republic of China while still under five years of age shall by virtue of this be considered a citizenship of the People's Republic of China and shall lose his or her citizenship of the Republic of Indonesia.

Article X

When a citizen of the Republic of Indonesia marries a citizen of the People's Republic of China, each respectively shall retain his or her citizenship before the marriage unless one of them by his or her own free will applies and obtains citizenship of the other. When he or she obtains the citizenship of the other, automatically he or she shall lose his or her original citizenship.

Application for citizenship as mentioned above shall be made to the legal authorities of the country concerned.

Article XI

The two contracting parties agree, in the interest of the welfare of their respective citizens residing in the country of the other contracting party, to urge the party's respective citizens residing in the country of the other contracting party, namely, the citizens of the Republic of Indonesia residing in the territory of the People's Republic of China and the citizens of the People's Republic of China residing in the Republic of Indonesia, to abide by the laws and customs of the State in which they reside and not to participate in political activities of the country in which they reside.

The two contracting parties agree to give mutual protection according to the laws of the respective country, to the legal rights and interests of the respective citizens residing in the country of each contracting party.

Article XII

The two contracting parties agree that exchange of mind between the two parties shall be made regarding questions of implementation which are not provided in this agreement.

Article XIII

The two contracting parties agree that any disagreement arising out of the interpretation and implementation of the agreement shall be settled through negotiation between the two parties.

Article XIV

The agreement shall be ratified by the two contracting parties in accordance with their respective constitutions and shall come into force as from the day of exchange of the instruments of ratification which shall take place in Peking.

This agreement shall be in force for the duration of twenty years and shall continue to be in force until one of the contracting parties desires to annul it. Such desire shall be notified in writing to the other contracting party, following which the agreement shall expire within one year after the notification is made.

IN WITNESS WHEREOF the plenipotentiaries have signed this agreement and have affixed thereto their respective seals.

Done in Bandung, on April 22nd, 1955, in the Indonesian and Chinese languages, both texts being equally valid.

For the Republic of Indonesia,

(Signed) Sunario

Foreign Minister

For the People's Republic of China,

(Signed) Chou En-lai

Foreign Minister
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