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Job Description: According to Article 3 of the Regulations on the Work Permit and Administration of the Foreign Professionals

Performing Arts)

1. Job Description: According to Article 3 of the Regulations on the Work Permit and Administration of the Foreign Professionals

88

89 No

. Item Applicable Laws and

Regulations Reviewing Principles 1 Foreign

professional s

1. According to Article 10 of the Act for the

Recruitment and

Employment of Foreign Professionals, a foreign professional who works as an artist may, without applying through an

employer, apply directly to the Ministry of Labor for a permit to engage in artistic work in the State, without being subject to the

restriction prescribed in Article 43 of the

Employment Services Act.

2. According to Article 4 of the Regulations on the Work Permit and Administration of the Foreign Professionals Engaging in Arts and Performing Arts, foreign professionals engaging in artistic work shall meet one of the job qualifications

1. Performing arts and visual arts: shall meet one of the following job

qualifications:

(1) Over 10 years of work experience in the applied art field, with creative and outstanding

performance.

(2) Masters degree in domestic or foreign universities, and over 5 five years of

workexperience in the applied art field, or a PhD degree from domestic or foreign university, and over three years of work experience in the applied art field.

(3) With creative and

outstanding performance in the art field, and with certificates/or

recommendations issued by government

90

2. Publishing: over eight years of work experience in the publishing field, and meets one of the following job qualifications:

(1) Served as Chief Editor or Senior Manager of a major International newsmedia outlet, or publishing house.

(2) Awarded with one’s country’s most

prestigious prize for a publishing-related field of literature and comics;

or an international prize for same.

(3) Creative and outstanding performance in the

publishing field, and having certificates/or recommendations issued by government

institutions or state-owned enterprises.

3. Movie, broadcasting television, and pop music:

shall meet one of the

91

(1) Nominated for national film industry,

international film festival, international television award, pop music award, or other individuals deemed by the Ministry of Culture (the awards shall be indicated by the Ministry of Culture following its

announcement).

(2) Taught in related departments of film, broadcasting television, and pop music at a foreign university with seniority of associate professor or more.

(3) Legal representative or Chairman of an institute of major international film, broadcasting television, and pop music.

4. Crafts: shall meet one of the following job

qualifications:

92

internationally

recognized competition.

(2) Taught in department of crafts at a foreign college or university with

seniority of associate professor or more.

(3) Creative and outstanding performance in the craft field, and has

certificates/or

recommendations issued by government

institutions or state-owned enterprises.

4. Subject to special circumstances, the Ministry shall examine and review other

individual cases in consultation with the Ministry of Culture.

93 No. Required

Document Reviewing Principles Notes

1 Receipt of the reviewing fee

1. The receipt of the reviewing fee may be exempted since

information on the receipt of the reviewing fee should be provided on the application form.

However, it shall be subject to the case and the employers may be asked to attach it.

(According to Announcement No.

10405118501 issued by Ministry of Labor on September 23, 2015.) 2. Reviewing fee:

(1) New hire and re-hire:

NT$500.

(2) Reissuance: NT$100.

1. Those who apply for changes in information do not need to pay the reviewing fee. Those who withdraw their

application will not be refunded.

2. Those who overpay or underpay the reviewing fee or do not pay the reviewing fee at a post office will be asked to repay the reviewing fee in accordance with the regulations.

3. The refund method for the overpaid (mistakenly paid) reviewing fee: Foreign

professionals will be asked to fill out the application form, check the refund type and attach the original receipt of the overpaid (mistakenly paid) reviewing fee for refund.

2 Application form

1. The fields in the

application form, such as application item,

1. Foreign professionals will be asked to complete the

application if the required

94 name of applicant (English), phone number, nationality, passport number, date of birth, education, period of application, expected job

description, expected period of work in Taiwan, expected work results and benefits, mailing address,

mailing address for the results of application, signature of applicant and receipt of reviewing fee, are required to be filled out.

2. Personal information shall be provided correctly based on the passport, ARC or travel document.

3. Employers entrusting a private employment service agency to apply for them shall ensure the name of agency,

fields are not completely filled out.

2. The field, “nationality”, shall mean the country or area by which the passport attached by the foreign professional is used. For Hong Kong or Macao residents, please enter

“Hong Kong” or “Macao”.

3. For the field, “education”, please provide the highest level of education.

4. The field, “expected period of work in Taiwan” shall specify period and job description.

5. For the application for reissuance of permit or others, “education”, “period of application”, “expected job description”, “expected period of work in Taiwan”, and “expected work results and benefits” may be left blank.

6. For the application for changes in information, the application item shall be

95 registration number of agency, signature of professional, official chop of agency, official chop of person in charge and contact phone number is provided.

“others”, with the change item specified or a separate description attached.

96

3 Copy of

foreign

professional’s passport or alien resident certificate (ARC)

1. The passport or ARC shall be valid at the commencement date of application.

2. The personal

information page shall be complete, clear and identifiable.

3. Residents of mainland China are not allowed to work in Taiwan except for those from Hong Kong and Macau.

4. For the application for

“reissuance” or

“others”, the copy of foreign professional’s passport or alien resident certificate (ARC) may be accepted. In case of changes in the name or passport number due to the replacement of passport or ARC, or error , the copy of passport or ARC shall be attached for

1.Texts on the document, including “Travel Document”, “Identify Certificate” or “Not

Passport”, are not accepted.

For Ukrainian minors, the copy of a passport shall be attached and may be replaced by the travel document in exceptional cases. For other countries, the document will be determined on a case-by-case basis.

2. If “Overseas” is marked on an U.K. passport, the holder is a resident of Hong Kong.

3. Empty pages of the passport can be exempted. Where there is any inconsistency between the passport number for this and previous

applications because of

replacement, only the copy of the new passport shall be attached.

4. If the passport number is changed after issuance of the approval letter, the

97

verification. application for a change in information shall be made separately.

4 Qualifications documents

1. According to Article 7 of the Regulations on the Work Permit and

Administration of the Foreign Professionals Engaging in Arts and Performing Arts and the

1. If more than 2 types are ticked off in the field,

“expected job description”, the qualifications document for each type shall be attached.

2. If a foreign professional

98 Documents Required for Foreign Professionals Engaging in Arts and Performing Arts, foreign professionals applying engage in artistic work shall provide the following documents:

(1) For work related to performance and visual arts, please provide any of the qualifications

documents set out below:

a. Have a copy of a certificate showing work experience of more than ten years in the artistic field applied for, and obtained a copy of a certificate for outstanding and special performances related to the artistic field applied for, such as a professional certificate, professional training

certificate, writings, thesis, patent of invention or awards from international competitions.

b. Obtained a masters degree at home or abroad and had a copy of a

applies for artistic work related to movies, broadcast television and pop music with the certificate of a person in charge of an international large

corporation or institution related to movies, broadcast television and pop music attached, the foreign professional shall bear the burden of proof regarding the business registration of the corporation or institution and the definition of being

international and large.

3. Work experience is accepted according to the following principles:

(1) The certificate of work experience shall be issued by the original company or be sufficient to prove employment.

(2) Work experience shall contain the foreign professional’s basic information, job

99 certificate of work experience of more than five years in the artistic field applied for; or

obtained a doctoral degree at home or abroad and have a copy of a certificate for work experience of more than three years in the artistic field applied for.

c. Obtained a copy of certificate for outstanding and special performances related to the artistic field applied for, such as

professional certificate, professional training

certificate, writings, thesis, patent of invention or awards from international competition; and have a recommendation or certificate issued by official departments, such as the United Nations, official departments from his/her country, and

foreign institutes stationed in the Republic of China.

d. A copy of other

supporting documents for engaging in performing and visual arts. (For those who applied according to

description, period of work, name of company and official chop of company with the supervisor’s signature or seal.

(3) If foreign professionals are artistic freelancers (such as directors and authors) whose certificate of work experience cannot be issued by a company, documents proving their public works and work experience that is

available online may be accepted.

(4) For reference letters or other documents which cannot be identified directly, the Ministry of Labor will consult with the Ministry of Culture on a case-by-case basis

before acceptance.

(5) If foreign professionals provide the certificate of work experience before

100 this Item, the review shall be carried out by a meeting between the Ministry and the Ministry of Culture.) (2) For work related to the publishing business, please provide the documents proving 8 years of work experience in publishing-related fields and any of the qualifications

documents set out below:

a. A copy of a certificate for serving experience as senior management (such as chief editor, manager, associate, deputy general manager, general manager, vice chairman, chairman, deputy CEO, CEO, deputy director, director, vice general, director-general, vice president, president, responsible person, chief editor, deputy editor, deputy chief

constable, chief constable or other similar positions) at a leading international newspaper or magazine medium such as print media or wire services that are named after a country or a significant city, with international news

obtaining the academic degree, and such

experience is not for obtaining the academic degree, the certificate of work experience may also be accepted; if foreign professionals provide the certificate of work

experience during study, they shall attach the employment or

appointment contract or the certificate issued by the employers.

4. Education is accepted according to the following principles:

(1) The diploma is accepted in principle; exceptions may be the certificate issued by schools or the certificate of academic results (with the issuance date of diploma specified).

Education received in mainland China: Schools shall be those recognized

101 accounting for at least two pages, that targets readers from the whole country or all over the world (for example, U.S. News &

World Report, The New York Times, The

Washington Post, The Financial Times, The Nihon Keizai Shinbun, Associated Press, The Reuters, L’Agence France-Presse, Time, Life,

National Geographic, Yazhou Zhoukan, or other print media or wire

services recognized by the Ministry of Culture), or other publishers

recognized by the Ministry of Culture (for example, Penguin Random House, HarperCollins Publishers LLC, or other publishers recognized by the Ministry of Culture).

b. A certificate copy of significant awards obtained related to literature or comics on domestic (from the foreigner’s country) or international level (such as Nobel Prize, Pulitzer Prize, Booker Prize, Prix

Goncourt, National

and announced by the Ministry of Education at emhd.nchu.edu.tw/

VMHD); in addition, education shall be

examined and recognized by the agency authorized by the Ministry of Labor (National Chung Hsing University) in accordance with the Regulations Governing Recognition of Education Received in Mainland China.

(2) Education received in Hong Kong or Macao:

Schools shall be those announced by Ministry of Education in the List of Recognized Junior Colleges or Above in Hong Kong or the List of Recognized Junior

Colleges or Above in Macao.

(3) If foreign professionals’

graduating schools are not included in the list

102 Magazine Awards, National Book Awards, Premio Miguel de

Cervantes, Premio Planeta de Novela, Naoki Prize and Akutagawa Prize.

c. Obtained a copy of a certificate for outstanding and special performances related to the artistic field applied for in the

publishing field, such as a professional certificate, professional training

certificate, writings, thesis, patent of invention or awards from international competition; and have a recommendation or certificate issued by official departments, such as the United Nations, official departments from his/her country, and

foreign institutes stationed in the Republic of China.

d. A copy of other supporting documents showing engagement in the publishing business. (For those who applied

according to this Item, the review shall be carried out by a meeting between the

announced by Ministry of Education, they shall further provide the certificate issued by the local authority in charge of education proving the education is equivalent to university or college.

(4) If the academic degree is obtained via distance learning, whether schools are included in the list announced by Ministry of Education, the number of credits obtained via

distance learning shall not be more than 1/2 of the total credits for graduation according to the

Regulations Governing the Assessment and

Recognition of Foreign Academic Records by Institutions of Higher Education and the Implementation

Regulations Regarding Distance Learning by

103 Ministry and the Ministry of Culture.)

(3) For work related to movies, broadcast

television, and pop music, please provide any of the qualifications documents set out below:

a. A copy of a certificate for being nominated for domestic or international awards announced by the Ministry of Culture (refer to the Addendum) or other awards recognized by the Ministry of Culture related to film, broadcast

television, and pop music.

b. A copy of a certificate for teaching in film, broadcast television, and pop music related

departments in a foreign college with a position of associate professor or above.

c. A copy of a document certifying being the person responsible for large-scale international (establishes subsidiaries

(organizations) or branches (organizations) in more than two countries; the

Universities. (According to Announcement No.

0950506890 issued by the Ministry of Labor on December 15, 2006.) (5) The academic degree

refers to Doctor, Master and Bachelor (in Japan, short-term college or foundation degree is equivalent to junior college).

(6) The diploma is a proof of degree. To determine the actual education level, please refer to the degree system in the country. The list of foreign universities announced by Ministry of Education is available at https://www.fsedu.moe.

gov.tw/home.aspx. In particular, it is difficult to identify the education level through diploma in European countries (especially in Germany).

(7) Whether the pattern or

104 parent company or the head branch effectively controlling and

coordinating decisions, and engaging in cross-border operations; the operating items of the company (organization) includes film, broadcast television, and pop music, and

comply with one of the conditions below: A. with regular employees

amounting to 100 persons;

B. with annual net operating income

exceeding NT$1.5 billion) legal body or institutes (public or private

organizations registered with the country) for film, broadcast television and pop music.

d. A copy of other

supporting documents for engaging in work of film, broadcast television, and pop music. (For those who applied according to this Item, the review shall be carried out by a meeting between the Ministry and the Ministry of Culture.) (4) For work relating to crafts, please provide any

signature of the diploma is suspicious or fraudulent will be verified.

(8) If Middle Name specified in the certificate is different from that of the foreign professional, the name shall be considered the same; if Surname is

inconsistent, related supporting documents shall be attached (such as household certificate and certificate of marriage.

(9) Teaching schools shall be included in the List of

Recognized Junior Colleges or above in Hong Kong or Macao announced by Ministry of Education; if teaching schools are not included in the above list, foreign professionals shall further provide the certificate issued by the local authority in charge of education proving the education is equivalent to

university or college.

5. When foreign professionals apply for the extension of work permit, the actual working

105 of the qualifications documents set out below:

a. A copy of a certificate showing being nominated for domestic or

international awards related to crafts (such as Taiwan Ceramics

Biennale, Talente, ITAMI International Craft

Exhibition, The

International Ceramics Competition Mino, Japan, Faenza Prize, International Competition of

Contemporary Ceramic Art and Cheongju International Craft Biennale) or other awards recognized by the Ministry of Culture.

b. A copy of a certificate for teaching at crafts-related departments in foreign tertiary institutions with a position of associate professor or above.

c. Obtained a copy of certificate for outstanding and special performances related to the artistic field applied for, such as

professional certificate, professional training

certificate, writings, thesis, patent of invention or

accomplishments attached shall be related to the original work;

thus, if foreign professionals apply for the extension of work related to performance and visual arts with the actual working accomplishments in publishing business attached, the working accomplishments will be accepted provided that they are related to performance and visual arts. The same shall apply to other types of artistic work.

106 awards from international competition; and have a recommendation or certificate issued by official departments, such as the United Nations, official departments from his/her country, and

foreign institutes stationed in the Republic of China.

d. A copy of other supporting documents showing engagement in crafts. (For those who applied according to this Item, the review shall be carried out by a meeting between the Ministry and the Ministry of Culture.) (5) A copy of supporting documents for showing engaging in artistic work related to other artistic fields. (For artistic fields not included in the

previous Subsections, please provide related qualification documents, the review shall be carried out by a meeting between the Ministry and the Ministry of Culture.) 2. According to Article 8 of the Regulations on the Work Permit and

107 Administration of the Foreign Professionals Engaging in Arts and Performing Arts and the Documents Required for Foreign Professionals Engaging in Arts and Performing Arts, foreign professionals applying for extension of the work permit shall provide the certificate with actual working accomplishments related to the work stated in the original application for the work permit within the original period of work permit.

5 Declaration of reason for reissuance

The declaration of reason for reissuance shall be attached only for the application for the

reissuance or extension of work permit.

108

No. Item Applicable Laws and

Regulations Notes

1 Declaration of picking up in person

For those who would like to pick up in person, please fill out and submit your

declaration to pick up in person at the counter of the Ministry of Labor. A

registered letter is not acceptable.

2 Seal affix Copies attached to the application shall be marked,

“In conformity with the original”. The seal or signature of the foreign professional must be affixed.

3 Period of work permit

According to Article 10 of the Act for the Recruitment and Employment of Foreign Professionals and Article 8 of the Regulations on the Work Permit and Administration of the Foreign Professionals Engaging in Arts and Performing Arts, foreign professionals engaging in artistic work may be granted a work permit for a period of

109 up to three years. The

application for extension for up to three years may be made when necessary.

4 Restrictions on quota of foreign professionals

According to Article 2 of the Regulations on the Work Permit and Administration of the Foreign Professionals Engaging in Arts and

Performing Arts, to protect the working rights of citizens of this country and to provide equal opportunities to

foreigners in this country in a fair and reciprocal manner, the Ministry of Labor will decide along with the Ministry of Culture a quota of Foreign Professionals and announce it.

5 Consultation According to Article 6 of the Regulations on the Work Permit and Administration of the Foreign Professionals Engaging in Arts and Performing Arts, prior to approving a foreign

professional’s application for a work permit to engage in artistic work, the Ministry of Labor shall examine and

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