平埔原住民族群身分法

Said Act is promulgated for the recognition of the Pingpu Indigenous peoples and the protection of Pingpu Indigenous identity rights.

The competent authorities provided in said Act are: the Council of Indigenous Peoples at the central level; municipal governments at the special municipality level; and county (city) governments at the county (city) level.

1Terms used herein are defined as follows:

21. Pingpu Indigenous peoples: Indigenous peoples of Taiwan belonging to the Austronesian language family, other than the Mountain Indigenous Peoples and the Plains Indigenous Peoples, as prescribed in Item 2, Paragraph 1, Article 4 of the Additional Articles of the Constitution; who have continued existence of their languages, customs, traditions, and other cultural characteristics, the sustained collective identity of the people as an Indigenous group with such existence supported by objective historical records, and, in accordance with their collective will, have applied to the central competent authority for submission to the Executive Yuan for approval.

32. Pingpu Indigenous persons: Individuals of the Pingpu Indigenous peoples who are registered and have acquired Pingpu Indigenous status pursuant to said Act.

1The government shall conduct surveys of the social and economic conditions of the Pingpu Indigenous peoples and shall include said peoples in all statistics and special analyses.

2When handling affairs relating to the Pingpu Indigenous peoples, the government shall comply with the constitutional mandate regarding the special protection of Indigenous cultures and shall avoid actions that contradict historical facts or international trends in Indigenous protection.

1Recognition of Pingpu Indigenous peoples shall be applied for by the applicant submitting application to the central competent authority, stating and providing supporting evidence for the following:

21. The sustained existence of the language, customs, traditions, and other cultural characteristics of the said Indigenous group.

32. The sustained collective identity of the members as an Indigenous group.

43. Objective historical records that prove the Indigenous group has historically existed in Taiwan as Austronesian peoples.

54. The criteria for recognizing the status of the Indigenous group members.

6If the applicant, as provided in the preceding paragraph, is a natural person, they shall be adults representing no less than thirty persons; if the applicant is a legally registered civil organization, a certificate of registration shall be submitted.

1The review criteria for determining the continued existence of the cultural characteristics provided in Item 1, Paragraph 1 of the preceding Article are as follows:

21. The languages, customs, traditions, and other cultural characteristics of the applicant Indigenous group are distinctive.

32. Members of the applicant Indigenous group continue to practice such cultural activities or live in ways reflecting those characteristics.

1The review criteria for sustained collective group identity provided in Item 2, Paragraph 1 of Article 5 are as follows:

21. Members of the applicant Indigenous group express a willingness to form a specific Indigenous group.

32. Members of the applicant Indigenous group display a clear awareness of belonging to the group, and are supported by objective facts related to their cultural identity.

1Objective historical record as provided in Item 3, Paragraph 1 of Article 5 means any of the following:

21. Registration or forms of registration in household registration records from the Japanese ruling period showing the applicant members or their lineal ancestors as “civilized,” “Pingpu,” or otherwise identifiable as Austronesian peoples of Taiwan.

32. Government documents other than household registration records from the Japanese ruling period proving the applicant member or their lineal ancestors as Austronesian peoples of Taiwan.

43. Research results from public or private universities or academic institutions, or other objective, complete, and consistent historical records proving the applicant member or their lineal ancestors as Austronesian peoples of Taiwan.

1The review criteria for status recognition provided in Item 4, Paragraph 1 of Article 5 are as follows:

21. The criteria must be specific and clear.

32. The criteria must help to facilitate Indigenous cultural identity.

43. The criteria must comply with the principle of proportionality.

5The competent authority shall publicly announce the criteria provided in Item 4, Paragraph 1 of Article 5 in the government gazette and on its website for no less than thirty days to allow written or online submissions of opinions.

6The central competent authority shall compile the preceding opinions and forward such to the applicant for response or explanation regarding what has been considered, which shall be included in the subsequent review.

1To review the applications as prescribed in Article 5, the central competent authority shall establish a Review Committee composed of experts and scholars and conduct reviews pursuant to the criteria provided in Articles 6 through 9.

2The Committee shall have between 11 and 23 members, and no gender shall account for less than one-third of the total number.

3The review of Paragraph 1 requires the participation of two-thirds of all members in the preceding paragraph, and more than half of the total number of members then existing must agree.

4Before the Review Committee produces the result, applicants, members of the applicant Indigenous group, and the competent authorities of municipal or county (city) governments shall be invited to present opinions, and public hearings may be held.

5Rules governing the tasks, organization, operation, selection of members, term of office, recusal, and other relevant matters of the Review Committee provided in the preceding four paragraphs shall be prescribed by the central competent authority.

The review results as provided in Paragraph 1 of the preceding Article shall be submitted to the Executive Yuan for approval, and the approved result by the Executive Yuan shall be served to the applicant, published in the government gazette, and on the official website for public notice.

1Once approved as Pingpu Indigenous peoples pursuant to preceding provisions, the criteria for recognition as a member of the Pingpu Indigenous group shall be announced for five years by the competent authority. When necessary, with the consent of the Indigenous group upon consultation by the central competent authority, this period may be extended once for up to five more years.

2Individuals meeting the status recognition criteria provided in the preceding announcement may apply to municipal or county (city) competent authorities for inclusion in the said Indigenous group registry during the period of announcement.

3The preceding applications shall be processed by municipal or county (city) competent authorities within two months; disputed cases may be referred to the central competent authority.

4After the period of announcement, the said Indigenous group or individual applicant may still apply to the competent authority with reasons stated in written form; applications shall be accepted by the competent authority.

5The announcement of the status recognition criteria provided in the preceding four paragraphs, methods of consultation with the Indigenous group, procedures for the registration of Indigenous group members in the registry, and other relevant matters shall be prescribed by the central competent authority.

1Indigenous groups previously recognized under other laws prior to the enactment of said Act and whose members have not acquired Indigenous status may apply for Pingpu Indigenous status under said Act without being subject to Items 1 to 3 of Paragraph 1, Article 5.

2Pending applications of Pingpu Indigenous peoples recognition submitted before the enactment of said Act shall be processed under Articles 6 to 12.

Individuals listed in the Indigenous group registry under Article 12 may apply for Pingpu Indigenous status under Article 21.

1Individuals with one parent who is a Pingpu Indigenous person and meeting one of the following provisions shall acquire Pingpu Indigenous status:

21. Adopt the traditional Indigenous name of the Pingpu Indigenous group to which one of the parents belongs.

32. Adopt a non-Indigenous name while also listing, in Indigenous writing, the traditional Indigenous name of the Pingpu Indigenous group to which one of the parents belongs.

43. Adopt the surname of the parent with Pingpu Indigenous status.

5Individuals acquiring Pingpu Indigenous status as provided in Item 2 of the preceding paragraph, should their children adopt the surname of such individuals, their children shall also acquire Pingpu Indigenous status accordingly.

1Non-Indigenous individuals adopted by childless Indigenous parents over the age of 40, with one of the parents having Pingpu Indigenous status, and meeting the following provisions shall acquire Pingpu Indigenous status:

21. Under the age of seven when adopted.

32. Adopt or list in Indigenous writing the traditional Indigenous name of the Pingpu Indigenous group to which the adoptive parent belongs, or adopt the surname of the adoptive parent with Pingpu Indigenous status.

4Prior to the enactment of said Act, the adoption of non-Indigenous minors under the age of seven by Indigenous parents is not subject to the age-40 and childless status limitations in the preceding paragraph.

1Under any one of the following circumstances, the Pingpu Indigenous status of Pingpu Indigenous individuals is forfeited:

21. Having acquired Pingpu Indigenous status as provided in Article 15 but later failing to meet such provisions due to name changes.

32. Having acquired Pingpu Indigenous status as provided in the preceding Article, but with the adoption later dissolved.

43. Apply to forfeit Pingpu Indigenous status upon reaching legal age.

5Pingpu Indigenous status forfeited as provided in Item 3 of the preceding paragraph, without the circumstances in Item 1 or Item 2 in the same preceding paragraph, may apply for Pingpu Indigenous status recovery; such recovery is limited to once.

6Individuals who forfeited their Pingpu Indigenous status as provided in Item 3 of Paragraph 1, the Pingpu Indigenous status of their immediate kin is not forfeited during the application.

1To acquire Pingpu Indigenous status, the individual may apply to adopt or list in Indigenous writing the traditional Pingpu Indigenous name or surname; the application may be arranged in writing by the statutory representative during the period the child is a minor, and applied for by personal preference after said child has reached legal age, not restricted by Items 1 and 4 of Article 1059, and Items 1 and 2 of Article 1078 of the Civil Code, or Item 2 of Article 1 of the Name Act.

2Other than birth registration, application to acquire Pingpu Indigenous status as provided in the preceding paragraph is limited to once per minor period and once after the child has reached legal age.

1Pingpu Indigenous status may not be changed except by law.

2Children of parents with different Indigenous statuses may be arranged in writing by the statutory representative during the period the child is a minor, and may apply to register or change status by personal preference after said child has reached legal age.

3The preceding provision does not apply to individuals who acquired Pingpu Indigenous status under Article 16.

1Pingpu Indigenous persons shall register their Indigenous groups according to the Pingpu Indigenous groups of one of their parents; the traditional Pingpu Indigenous name or surname adopted should correspond to the Indigenous group registered.

2The recognition, registration, alteration, or other related matters of the Indigenous groups in the preceding paragraph shall be prescribed by the central competent authority.

Applications for acquisition, forfeiture, alteration, or recovery of Pingpu Indigenous status shall be filed at the Household Registration Office; when applications are reviewed to be compliant, the Indigenous status and Indigenous group shall be registered in the household registration record and shall take effect upon registration.

1The protection of Pingpu Indigenous languages and cultures is governed by the Indigenous Languages Development Act, the Cultural Heritage Preservation Act, and the Indigenous Peoples Traditional Intellectual Creation Protection Act.

2The government shall maintain, preserve, and develop Pingpu Indigenous cultures; when developing policies and planning regional developments, impact assessment upon Pingpu Indigenous cultures shall be conducted to ensure the rights, benefits, and development of Pingpu Indigenous peoples are protected.

3Education competent authorities at all levels shall promote Indigenous education based on the principles of diversity, equality, autonomy, and respect, and shall give priority to taking into consideration the requirements of Pingpu Indigenous historical justice and transitional justice, and promote relevant educational policies to raise overall societal awareness of learning about and respecting Pingpu Indigenous peoples, and may encourage and subsidize non-profit institutions, organizations, or groups to provide Pingpu Indigenous and diversified cultural education for the general public.

Within three years of the enactment of said Act, with comprehensive consideration of the historical development context and current circumstances of various Pingpu Indigenous peoples and the allocation of national resources, the government shall enact or amend laws to protect the Pingpu Indigenous rights of political participation, transportation and water resources, health and medical services, economy and land, and social welfare.

Said Act takes effect upon promulgation.