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SOP Manual for Reviewing Work Permit Applications under the Act for the Recruitment and Employment of Foreign Professionals

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(1)

Published on July 2018

SOP Manual for Reviewing Work Permit Applications under the Act for the

Recruitment and Employment of Foreign

Professionals

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(3)

I. Employment Permit Applications for Foreign Professionals to Engage Professional Knowledge or Skills at Short-term

Supplementary Learning Centers (Category H)

1. Job Descriptionrs ... 2

2. Qualifications ... 3

3. Submissions ... 8

4. Other Regulations ... 27

II. Employment Permits of Foreign Special Professionals (Up to 5 Years) 1. Job Description ... 37

2. Qualifications ... 37

3. Qualifications and Submissions ... 39

4. Other Regulations ... 72

III. Work Permit of Employment Gold Card Screened (Category M) 1. Qualifications ... 84

2. Submissions. ... 85

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IV. Work Permit Applications for Foreign Professionals Engaging in Arts and Performing Arts (Category N)

1. Job Description ... 88

2. Qualifications ... 89

3. Submissions ... 93

4. Other Regulations ... 108

V. Work Permit Applications for Foreign Professionals' Adult Children (Category O) 1. Qualifications ... 118

2. Submissions ... 121

3. Other Regulations ... 126

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This SOP Manual is published to enhance the transparency

of information and review; it is compiled in accordance with

applicable laws and regulations, but the reviewing criteria are

subject to the latest laws and regulations. In response to a variety

of applications, any subsequent amendments to this SOP Manual

will be announced for unspecified matters.

(6)

2

Knowledge or Skills at Short-term Supplementary Learning Centers)

1. Job Description: Professional work prescribed in Article 3 of the Qualifications and Criteria Standards of the Employment of

Foreign Professionals to Engage Professional Knowledge or Skills at Short-term Supplementary Learning Centers (the Reviewing Criteria of Category H) shall mean the following:

1. Technical creation or technical teaching in the digital content industry:

(1) Digital gaming industry (Code 01): home gaming software, computer gaming software or smart-device gaming software.

(2) Computer graphics and animation industry (Code 02).

(3) Sensory technology industry (Code 03): the following software/hardware development technologies:

A. Virtual reality (VR) B. Augmented reality (AR) C. Mixed reality (MR)

D. Interactive control applications E. Optical sensor applications

(4) Others (Code 99): teaching in other digital content industries with substantial contributions to domestic talent education approved by the central competent authority in consultation with the Ministry of Education.

2. Teaching specialized knowledge or skills, as approved by the central competent authority in consultation with the Ministry of Education.

(7)

3 No. Requirement Applicable Laws and

Regulations

Reviewing Principles

1 Foreign

professionals

1. Foreign professionals shall meet one of the following qualifications prescribed in Article 4 of the Criteria Standards for Category H:

(1) Projects which the foreign professionals are involved in have won international awards.

(2) Having worked in the foreign digital content industry for four years or more and having taught in international

teaching institutions for two years or more.

(3) Other world- renowned professionals approved by the MOL in consultation with the central

1. International awards are described as follows. If the international awards claimed by the employers are not those described below, the

employers shall ask the Industrial Development

Bureau, Ministry of Economic Affairs for review and

comments:

(1) Academy Award for Animated Short Film (2)Tokyo Anime Awards

Festival

(3) Annecy Int’l Animated Film Festival Award (4) Annie Awards

(5) SIGGRAPH Computer Animation Festival (6) Student Academy Awards (7) Japan Media Arts Festival (8) Melbourne Int’l Animation

Festival (MIAF)

(9) Short Shorts Film Festival &

ASIA

(10) Visual Effects Society

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4

competent authority.

2. Foreign professionals shall have the monthly wages or remuneration prescribed in Article 8 of the Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified under Article 46.1.1 to 46.1.6 of the Employment Service Act.

Awards (VES Awards) (11) Busan International Short

Film Festival (BIFF) (12) London International

Animation Festival (LIAF)

2. The foreign digital content industryis limited to digital games, computer animation and somatosensory

technology in principle. If the foreign digital content

industry claimed by the

employers is outside the fields above, the employers shall ask the Industrial Development Bureau, Ministry of Economic Affairs for review and

comments.

3. Foreign professionals’ work or teaching experience must be relevant to the digital content industry, but may not be necessarily identical to the intended field of teaching in Taiwan.

4. International teaching institutions are described as

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5

follows. If the international teaching institutions claimed by the employers are not those described below, the

employers shall ask the Industrial Development

Bureau, Ministry of Economic Affairs for review and

comments:

(1) Gobelins, l'École de l'image (2) DigiPen Institute of

Technology

(3) Vancouver Film School (VFS)

(4) Academy of Interactive Entertainment Media Design School (AIE) (5) Ubisoft Campus

(6) KADOKAWA International Edutainment

5. For ad hoc consultations on the qualifications for foreign professionals, refer to “4.

Other Regulations-Ad Hoc Consultations”.

6. According to the latest announcement made by

Ministry of Labor, the average

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6

monthly wage or

remuneration of a foreign professional employed to engage in specialized or technical work shall not be less than NT$47,971.

7. The average monthly salaries include regular salaries and non-regular salaries. Regular salaries include basic pay, professional allowances, monthly-based bonuses and fixed compensations or allowances in kind for rent, utilities, transportation, rooms and boarding. Non-regular salaries include overtime payments, non-monthly-based bonuses or allowances, such as three main national

holidays, special bonuses for leaves, and meal

reimbursement.

2 Employers According to Article 5 of the Criteria Standards for Category H, employers shall be corporations and meet the following

1. The employers (applicants) of foreign professionals

employed to engage in professional knowledge or skills for short-term

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7 qualifications:

1.Being short-term

supplementary learning centers registered in accordance with the Supplementary Education Act; and

2. Signing contracts with international teaching institutions. Those making contributions to the national economy and social development as approved by the MOL in consultation with the central competent

authority are not subject to this regulation.

supplementary learning centers, shall be corporations incorporated according to the Company Act; in addition, foreign professionals shall work in short-term

supplementary learning centers established by the corporations.

2. For ad hoc consultations on the qualifications for

employers, refer to “4. Other Regulations-Ad Hoc

Consultations”.

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8 No. Required

Document

Content of Review Notes

1 Receipt of the

reviewing fee

1.The reviewing fee receipt may be waived since information on the reviewing fee receipt should be provided on the application form.

However, the option shall be subject to each 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. The reviewing fee is

NT$500.

1. The reviewing fee for the employment of foreign

professionals is calculated by case other than by the number of applicants. The application (for the work permits of more than two foreign

professionals) in the same case is only required to pay a reviewing fee of NT$500.

2. A new hire and a re-hire shall not be treated as one

application. Applicants shall apply separately and pay the supplementary reviewing fee.

3. Those who apply for changes in information do not need to pay the reviewing fee. Those who withdraw the application will not be refunded their fee.

4. 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

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9

regulations.

5. The refund method for the overpaid (mistakenly paid) reviewing fee: Employers 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.

6. According to Announcement No. 0930450078 issued by the Ministry of Finance on

February 11, 2004, profit- seeking enterprises or

professional practitioners who pay the reviewing fee to apply for work permits for foreign professionals with postal GIRO deposit slips may use the receipts to account for expenses.

2 Application form

1. The fields in the

application form, such as job category; application item; name, unified business number, person in charge, address,

1. The application for new hires and re-hires shall be

separated.

2. The field of positive benefits of employment of foreign professionals shall be

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10 mailing address and contact of applicant;

receipt of reviewing fee;

specific reason for

employment and positive benefits of employment of foreign professional (application for

extension is excluded) must be completed.

2. The applicant’s name shall be consistent with the official chop of the applicant. The address of the applicant shall be the same as that on the business registration certificate.

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

signature of professional, official chop of agency, official chop of person in charge and contact phone

specified and relevant to the job. The application for extension is excluded.

3. Employers will be asked to complete the application if the required fields are not

completely filled out.

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11 number are provided.

4. The official chops of the agency and the person in charge shall be affixed.

3 Roster of employed foreign professionals

1. The fields in the roster, such as name of

applicant, unified business number of applicant, name, gender, nationality or area, date of birth, passport

number, period of

employment, education, monthly salary or

remuneration, job and working address in Taiwan, must be completed.

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

3. The period of work shall be consistent with or less than the period of

employment contract.

4. The salary or

1. The field, Occupation

Category Code, shall be left blank.

2. The monthly salary shall be provided according to the employment contract.

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12 remuneration shall be consistent with that specified in the

employment contract and no less than NT$47,971 (average monthly salary) in accordance with the regulations governing the salaries of employed foreign professionals.

5. The working address in Taiwan shall be

consistent with that specified in the

registration certificate of the short-term

supplementary learning center established by the employer.

6. The official chop of applicant shall be affixed.

4 Copy of employed foreign professional’

s passport or alien

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

2. The personal information page shall be complete,

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

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13 resident

certificate (ARC)

clear and identifiable.

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

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 application for a change in information shall be made separately.

5 Consent of legal

representativ e

Foreign professionals under the age of 20 are required to submit the consent of legal representative and his/her passport.

1. The age of 20 is calculated from the commencement date of employment (instead of the date of application). Foreign professionals under the age of 20 are required to submit the

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14

consent of legal representative.

2. If the legal representative is unable to attach the passport, another document that is sufficient to prove his/her identity may be attached instead, such as ID card or driver’s license.

6 Foreign professional’

s work and teaching experience

1. Foreign professionals shall attach documents proving at least four years of work experience in the foreign digital content industry and at least two years of teaching experience in international teaching institutions.

2. The documents proving work or teaching

experience shall be issued by the original employers or sufficient to prove the employment of foreign professionals.

3. Work and teaching experience shall include

1. If documents proving work experience provided by foreign professionals are produced in Afghanistan, Algeria, Bangladesh, Bhutan, Myanmar, Cambodia,

Cameroon, Cuba, Ghana, Iran, Iraq, Laos, Nepal, Niger, Nigeria, Pakistan, Senegal, Somalia, Sri Lanka, Syria, Philippines, Thailand, Vietnam , Malaysia or Indonesia, they shall be verified by the representative offices of the Republic of China. (According to Announcement No.

1040508120 issued by

Ministry of Labor on July 21,

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15 the basic information of foreign professional, job, period of work, name of employer, official chop of employer and

signature or seal of supervisor.

2015.)

2. According to Article 7 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, if documents proving work and teaching experience provided by foreign

professionals are produced in mainland China, they shall be verified by the Straits

Exchange Foundation before review.

7 Original certificate of health

examination

1. According to Paragraph 2, Article 2 and

Paragraph 2, Article 3 of the Other Submissions for the Employment of Foreign Professionals to Engage in Professional Knowledge or Skills for Short-term

Supplementary Learning Centers, the original documents proving the foreign professional’s passing a health examination issued

1. The list of designated hospitals for foreign professionals’ health

examination is available on the website of Centers for Disease Control, Ministry of Health and Welfare at

https://www.cdc.gov.tw/profes sional/list.aspx?treeid=82ce80 6a312cefec&nowtreeid=8489 EB960A93AD2E.

2. The most recent three months mentioned in 1. on the left side are calculated from the date of issuance to the date of

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16

within 3 months prior to the date of application in accordance with the regulations of the central authority in charge of health and welfare shall be attached.

2. According to Article 4 of the Regulations

Governing Management of the Health

Examination of Employed Aliens, documents proving health examination shall include one of the

following:

(1) The certificate of qualified health examination with signature of the

physician issued within the last three months by the qualified medical institution in the country and its Chinese version verified by the

receipt of the certificate of health examination.

3. Foreign professionals who do not pass the health examination shall be treated in accordance with the Principles of the Determination and

Management of Unqualified Health Examination Items in Designated Hospitals under Appendix 3 of the Regulations Governing Management of the Health Examination of

Employed Aliens.

4. The original copy is required.

A copy with a hospital chop is not accepted.

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17 (2) The certificate of

qualified health examination issued within the last three months by the

designated hospital.

2. According to Paragraph 2, Article 4 of the

Regulations Governing Management of the Health Examination of Employed Aliens, the following examinations and items shall be

included in the certificate of health examination:

(1) Chest X-ray examination for tuberculosis.

(2) Serological testing for syphilis.

(3) General physical examination.

(4) Inspection report on positive antibody or certificate of

vaccination for measles and rubella;

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18 extension may be exempted.

(5) Other examinations considered necessary by the central health authority based on an epidemic outbreak or other characteristics of countries where the foreign professional has lived.

3. According to Paragraph 3, Article 4 of the Regulations Governing Management of the Health Examination of Employed Aliens,

approval of employment or extension shall not be issued if any item of the health examination mentioned above does not qualify; however, it shall be subject to Articles 7 and 9 of the same Regulations.

4. According to Article 53 of the Employment

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19 Service Act, if foreign professionals have to transfer employers or are employed by more than two employers, the certificate of qualified health examination issued within the last three months may not be attached by the new employer if the period of employment is within the validity of the original employment permit to which the certificate of qualified health

examination is attached by the original employer at the time of application.

(According to Announcement No.

0940008510 issued by Ministry of Labor on March 3, 2005.) 8 Original

copy of police criminal

1. Foreign professionals having obtained the employment permit to engage skills or foreign

1. If the copy of police criminal record is issued by the listed countries, it must be verified by the representative office of

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20 record languages for

supplementary learning centers may be exempt.

2. The copy of police criminal record must be valid within six months starting from the date of issuance to the date of receipt of application.

3. The copy of policy criminal record must be the national document of the foreign professional’s passport issuing country and contain no record of sexual assault, sexual harassment, sexual exploitation, sexual bullying or damage to rights and interests of children and youths.

the Republic of China.

(According to Announcement No. 1040508120 issued by Ministry of Labor on July 21, 2015.)

2. When applying for the police criminal record, Hong Kong citizens have to submit the supplementary document issued by Ministry of Labor to Ministry of Hong Kong Police Force, and Ministry of Hong Kong Police Force will send the original copy of police criminal record directly to Ministry of Labor instead of the applicants.

9 Employment contract

1. The name of the foreign professional, job title or description (sufficient to identify the scope of work), period of

employment and salary shall be specified in the

1. The job description of the foreign professional shall comply with Article 3 of the Criteria Standards for

Category H.

2. If the salary reaches the monthly wage or

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21 employment contract with the signatures of the employer and the foreign professional.

2. Period of employment:

(1) Period of work shall not exceed the period of employment. In case of any

discrepancy, the period of work shall apply.

(2) The commencement date of employment shall be specified in the contract, or the contract shall take effect upon the approval of

employment issued by Ministry of Labor according to the Civil Code (however, the period of application in the roster of foreign professionals shall specify the

commencement date of

remuneration by adding all allowances, such as overtime pay, performance bonuses and year-end bonuses, the salary structure shall be listed.

3. The employment contract or (branch office) assignment document entered into between the foreign

professional and the foreign head office may be viewed as the employment contract. The domestic applicant (branch office) is not required to enter into another contract with the foreign professional.

4. The labor contract shall meet the regulations of the

Republic of China, or will be deemed invalid.

5. In consideration of diverse types of service, contracts with employment,

appointment or contract or work in nature are accepted.

To implement the employer’s responsibility under the Labor Standards Act, the Ministry of

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22 employment).

3. Salary: According to the announcement of

Ministry of Labor, the average monthly wage or remuneration of a foreign professional employed to engage in specialized or technical work shall not be less than NT$47,971.

Labor adds the following to the letter of approval: “The employer and the foreign professional shall follow other regulations, if applicable, during the

approval of the employment permit”.

10 Salary withholding certificate (including withholding at source) (optional)

1. The salary withholding certificate may be exempt due to

information sharing with the Ministry of Finance;

however, the employer may be asked to attach the salary withholding certificate as needed.

(According to Announcement No.

10405118501 issued by the Ministry of Labor on September 23, 2015.) 2. The name and unified

business number of the withholding agency, name of taxpayer and

1. For the application for

extension, total income paid to the foreign professional shall be confirmed. If the average monthly salary is lower than the prescribed salary, the employer is

required to explain and attach related evidence. If the

foreign professional has no income or income below the prescribed amount in Taiwan, the employer shall provide the overseas payment certificate.

The central authority in charge of relevant business may provide review

comments whenever

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23 information shared by the Ministry of Finance.

3. Fiscal year:

(1) New hires: The salary withholding certificate is exempt in principle;

in case of any doubts about the application, the employer may be asked to attach the salary withholding certificate in the previous or last year, or the local

government may visit the site.

(2) Re-hires: The

employer is required to attach the salary

withholding certificate in the previous or last year. “The previous or last year” mentioned above shall be

determined by the period of declaration.

For example:

a. When the employer

attach the salary withholding certificate, the list of income, individual income tax return (e-file) or receipt specifying the salary paid to the foreign professional may also be accepted.

3. According to the Income Tax Act, the income tax payable of individuals who stayed in the Republic of China for less than 183 days in the previous year shall be withheld at source and verified by the National Taxation Bureau.

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24 applies for

employment of a foreign professional between January 1, 2017 and January 31, 2017, the employer shall attach the foreign professional’s salary withholding

certificate in 2015 or 2016.

b. When the employer applies to employ a foreign professional after February 2017, the employer shall attach the foreign professional’s salary withholding

certificate in 2016.

11 Company representativ e’s ID

1. The copy of the ID card shall be attached.

2. If the company representative is a foreigner, the copy of his/her passport or ARC shall be attached.

1. The copy of passport or ARC shall be valid at the time of application.

2. The company representative shall be consistent with that specified in the company registration certificate.

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25 12 Company

registration certificate, franchise license

The employer shall attach the company registration (change) certificate and the registration certificate of the short-term supplementary learning center issued by the local government.

The name of the company or the supplementary learning center shall be correct.

13 Cooperation contract between company and

international teaching institution

1. The term of contract shall be valid during the application for

employment.

2. The parties in the contract shall be the employer (company) and the international teaching institution.

3. If the employer does not attach the cooperation contract, the employer may propose

consultations according to Paragraph 2, Article 5 of the Criteria Standards for Category H. Please refer to “4. Other Regulations-Ad Hoc Consultations”.

For the scope of international teaching institutions, please refer to “2. Qualifications-Foreign Professionals”.

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26 14 Original

letter of employment permit

1. The employment period of application for

extension shall be

succeeded by that of the original employment permit.

2. The original letter of employment permit shall be attached for the

application of extension or changes in

information.

The application for extension shall be submitted 4 months before the expiration of the employment permit. For a period of employment less than six months, the employer shall submit the application after 2/3 of the period of employment passes. Any application submitted earlier will be returned.

(31)

27 No. Item Applicable Laws and

Regulations

Notes

1 Ad hoc

consultations- Job

1. General consultations refer to those announced by the Ministry of Labor in administrative rules to conform to the digital content industry.

2. Case consultations refer to those requested by the employer on a case-by- case basis with related evidence attached and determined by the Ministry of Labor in consultation with the central authority in charge of relevant business to conform to the digital content industry.

The employer shall attach related evidence whether making an application through general consultations or through case consultations.

2 Ad hoc

consultations- Foreign professionals

1. General consultations refer to those announced by the Ministry of Labor in administrative rules to conform to the

qualifications for foreign professionals.

The employer shall attach related evidence whether making an application through general consultations or through case consultations.

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28

2. Case consultations refer to those requested by the employer on a case-by- case basis with related evidence attached and determined by the Ministry of Labor in consultation with the central authority in charge of relevant business to conform to the qualifications for foreign professionals under Subparagraph 3, Article 4 of the Criteria Standards for Category H.

3 Ad hoc

consultations- Employers

1. General consultations refer to those announced by the Ministry of Labor in administrative rules to conform to the

qualifications for employers.

2. Case consultations refer to those requested by the employer on a case-by- case basis with related

The employer shall attach related evidence whether making an application through general consultations or through case consultations.

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29 evidence attached and determined by the Ministry of Labor in consultation with the central authority in charge of relevant business to conform to the qualifications for employers under

Subparagraph 2, Article 5 of the Criteria

Standards for Category H.

4 Period of

work permit

1. According to Article 2 of the Act for the

Recruitment and

Employment of Foreign Professionals, foreign professionals shall engage in or seek professional work in Taiwan according to the Act; unspecified matters in the Act shall be

governed by the

Employment Service Act, the Immigration Act and other applicable laws and

The Ministry of Labor may decide on the period of work permit based on the employer’s application and the case, and may visit or conduct

consultations when necessary.

(34)

30 regulations.

2. According to Article 52 of the Employment Service Act, the longest period for a work permit is three years. The period of work permit shall be approved based on the above regulations, period of application and term of contract.

5 Handling of overdue application for extension

According to Paragraph 2, Article 9 of the Criteria Standards for Category H, employers failing to apply within the prescribed time limit may make a

supplementary application within 15 days after the approval of the Ministry of Labor.

1. An application by employers who make the application for extension after the original employment expires shall be reviewed as an application for new employment, with the salary checked.

2. For exceptional cases that the employer makes a

supplementary application within 15 days of the original due date of employment (with the description letter attached) in accordance with Paragraph 2, Article 9 of the Criteria Standards for Category H, the application for extension shall

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31

be approved, and the period of employment shall be traced (the examiner shall mark in the system so that no

supplementary application will be made next time).

6 Employment transfer document

According to Article 53 of the Employment Service Act, a new employer is required to ensure whether the foreign professional will replace the employer if he/she is employed by another employer during the application for

employment:

1. Yes: Please provide the termination certificate.

2. No: Employment will be reviewed as part-time work, and the

employment transfer document may be exempt.

7 Letter of revocation regarding company

When the company has been dissolved but the Ministry of Labor has a record of valid employment

1. For employers under

liquidation upon dissolution through website inquiry, whether the liquidation or

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32

dissolution of foreign professionals, the letter of employment

revocation shall be

addressed to the following receiver and address:

1. Employers:

(1) Liquidation upon dissolution: Applicant (person in charge) and registered business address.

(2) Debt clearance upon bankruptcy:Trustee in bankruptcy and

mailing or permanent address provided by the court having jurisdiction.

(3) Completion of liquidation upon dissolution or debt clearance upon

bankruptcy: N/A since the corporate

personality has been dissolved.

(4) Dissolution due to restructuring or

debt clearance has been completed can be inquired on related court websites.

2. The immigration status of foreign professionals can be inquired on the website of National Immigration Agency.

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33

merger: N/A since the corporate personality has been dissolved.

2. Foreign professionals:

(1) Staying in the

country: Residential address specified in the application or registered business address; in case of dissolution prescribed in 1(3) and (4),

service shall be effectuated by constructive notice.

(2) Leaving or not

entering the country:

Registered business address by

constructive notice.

8 Declaration of picking up in person

For those who would like to pick up in person, please fill out and submit your declaration of picking up in person at the counter of the Ministry of Labor.

Registered mail is not accepted.

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34 9 Seal affix Copies attached to the

application shall be marked

“In conformity with the original”. The seals of the employer and the person in charge must be affixed to every page of the

application.

The seals of the agency and the person in charge shall be affixed to documents attached by the employer; applications by

government agencies or schools shall have the official chop affixed to the application and the roster, and the seal of the agency or department/institute may be affixed to other

documents instead.

10 Translation According to Article 7 of the Other Submissions for Employers to Apply for the Employment of Category A Foreign Professionals and Article 6 of the Other Submissions for the Employment of Foreign Professionals to Engage Professional Knowledge or Skills for Short-term

Supplementary Learning Centers, Chinese versions of documents submitted by the employer shall be attached if the documents are not in Chinese.

1. For submissions made in foreign languages, abridged translations are accepted provided that the scope of the abridged translations shall include the

qualifications prescribed by the laws (for example, the employment contract shall include the name of

employer, name of employed foreign professional, job title and description, period of employment and salary or remuneration), the agency issuing or signing

submissions written in

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35

foreign languages, the name and job title of signatory and signing date (if the name of signatory is a foreign name, the foreign name shall be specified in the Chinese translation); the abridged translations shall be

consistent with the original submissions.

2. Chinese translations may be made by the employer or foreign professional without verification or notarization.

11 Document verification

1. If any certificate is issued by the listed countries, it must be verified by the representative office of the Republic of China.

(According to Announcement No.

1040508120 issued by the Ministry of Labor on July 21, 2015.)

2. If certificates are produced in mainland China, the diploma shall be examined and

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36

recognized by the agency authorized by the

Ministry of Education (National Chung Hsing University), and other certificates shall be

verified by the institution established or designated by the Executive Yuan or the private group

authorized by the

Executive Yuan (Straits Exchange Foundation) according to Article 7 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area.

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37

Years)

1. Job Description: Professional work prescribed in Sub-paragraph 4, Article 4 of the Act for the Recruitment and Employment of

Foreign Professionals refers to the following:

(1) Work as listed in Article 46 Paragraph 1 Subparagraphs 1 to 6 of the Employment Services Act:

A. Specialized or technical work (Category A)

B. Director/manager/executive of a business invested in or set up by overseas Chinese or foreigner(s) with the authorization of the Government of the Republic of China (Category B)

C. School teacher (Category C): Since February 8, 2018, a work permit shall be applied to the Ministry of Education according to the regulations

established by the Ministry of Education.

D. Full-time teacher teaching course(s) on foreign language(s) at a short-term class registered for supplementary schooling in accordance with the

Supplementary Education Act (Category D) E. Sports coach and athlete (Category E)

F. Artistic and show business work (Category F)

(2) Possessing specialized knowledge or skill, and approved by the central

competent authority in consultation with the Ministry of Education as a teacher of non-academic classes in a short-term tutorial school registered in accordance with the Supplementary Education Act (Category H).

2. Qualifications

(1) Subject: Foreign special professionals prescribed in Sub-paragraph 2, Article 4 of

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38

culture and arts, sports and other fields, as announced by the relevant central competent authority:

1. Science and Technology

(Ministry of Science and Technology Ke-Bu-Ke-Zi No. 1070010828A Announcement dated February 8, 2018)

2. Economy

(Ministry of Economic Affairs Jing-Shen-Zi No. 10704601220 Announcement dated March 6, 2018)

3. Education

(Ministry of Education Tai-Jiao-Gao-(5)-Zi No. 1070023767B Announcement dated February 21, 2018)

4. Culture and Arts

(Ministry of Culture Wen-Zong-Zi No. 10730041392 Announcement dated February 21, 2018)

5. Finance

(Financial Supervisory Commission Jin-Guan-Guo-Zi No. 10701906864 Announcement dated February 8, 2018)

6. Sports

(Ministry of Education Tai-Jiao-Shou-Ti-Bu-Zi No. 1070007916B Announcement dated March 9, 2018)

7. Law

(Ministry of Justice Fa-Jien-Zi No. 10704506200 Announcement dated February 8, 2018)

8. Architectural Design

(Ministry of the Interior Tai-Nei-Ying-Zi No. 1070802931 Announcement dated February 21, 2018)

(2) Employers, foreign professionals, their job descriptions and salaries shall comply

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Act and the Qualifications and Criteria Standards of the Employment of Foreign Professionals to Engage Professional Knowledge or Skills for Short-term

Supplementary Learning Centers, with submissions presented. For more

information, please refer to the SOP Manual for the corresponding job category.

(3) Credentials for foreign special professionals have been amended in Article 3 of the Other Submissions for Employers to Apply for the Employment of Category A Foreign Professionals. For more information, please refer to 3. Qualifications and Submissions.

3. Qualifications and Submissions

Field Requirement Required Document

Science and technology (Ministry of Science and Technology)

The applicant has held, or currently holds, a position with a most recent

monthly salary of over NT$160,000 in Taiwan or another country.

Copy of documents verifying salary or income tax payment relating to employment at a technology

company, public or private university in Taiwan or abroad, or academic research institution in Taiwan or abroad.

<Note>

1. Research institute refers to any institute with research as its core mission.

2.If an applicant’s most recent

monthly salary is over NT$160,000 the proof of employer, the salary withholding certificate or tax certificate issued by the foreign government specifying the monthly salary or average monthly salary of

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three years from the month of application or a copy of the

employment contract specifying the aforesaid monthly salary shall be attached.

Those with unique talents or outstanding R&D ability or innovative performance in such

cutting-edge technological fields as software

applications, software technology,

nanotechnology, optoelectronics, information and communication, communication

transmission technology, automation system

integration technology, material application

technology, high precision sensing technology,

biological technology, resources development or energy saving, frontier scientific research, and

1. Copy of domestic or foreign

certificate verifying possession of a Ph.D. degree, verification of

domestic or foreign work

experience in a relevant field for three years or more or documents verifying academic research during the most recent three years.

2. Copy of documents verifying domestic or foreign work experience in a relevant field, technology (such as a domestic or foreign patent certificate),

technology licensing (such as technology licensing contract) or receipt of awards.

<Note>

1. Skills:

(1) Applicants with a background in the field of neutron physics must meet at least one of the

following requirements: A.

Ph.D. degree in physics,

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41

military strategies. engineering with at least two years of neutron research experience; participation in neutron scattering or diffraction research, or the Taiwan-

Australian neutron instrument (SIKA) project; B. Ph.D. in condensed matter physics, with good knowledge of condensed matter physics and inelastic neutron scattering; publication of papers on inelastic neutron scattering or neutron triple axis spectrometry; research

employing the ANSTO inelastic spectrometer.

(2) Other fields: Evidence verifying at least three years of

professional working experience in a relevant field.

2. Evidence of academic research output must be provided in the form of scholarly works published in Taiwan or abroad, such as the following:

(1) Journal articles: Author or co- author of a journal article published in a peer-reviewed

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must be accompanied with the copy of proof of acceptance by a publisher.

(2) Conference papers: Author or co-author of a paper issued at a conference or accepted by a conference organizer for

issuance. Must be accompanied with the copy of proof of

acceptance.

(3) Books or book chapters: Author or co-author of a book or book chapter that is original or possessing important scholarly value and has been published by a domestic or foreign publisher possessing a review system (including in-depth

interpretations of classic works;

does not include textbooks, cultural works, translated works, or published collections of

papers) In the case of works that have been accepted but not yet published. Please attach copies of relevant verifying documents.

(4) Other specialized works: Other specialized works possessing

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programs or creative tools that are widely cited.

Those with unique talents, outstanding R&D ability or innovation

performances in forward- looking technologies such as AI, IoT, AU,

blockchain, VR, robots, and additive

manufacturing.

1. Copy of domestic or foreign

certificate verifying possession of a Ph.D. degree, verification of

domestic or foreign work

experience in a relevant field for three years or more or documents verifying academic research during the most recent three years.

2. Copy of documents verifying domestic or foreign work experience in a relevant field, technology (such as a domestic or foreign patent certificate),

technology licensing (such as technology licensing contract) or receipt of awards.

<Note>

1. Skills:

(1) Applicants with a background in the field of neutron physics must meet at least one of the

following requirements: A.

Ph.D. degree in physics, chemistry, or nuclear

engineering with at least three years of neutron research

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44

neutron scattering or diffraction research, or the Taiwan-

Australian neutron instrument (SIKA) project; B. Ph.D. in condensed matter physics, with good knowledge of condensed matter physics and inelastic neutron scattering; publication of papers on inelastic neutron scattering or neutron triple axis spectrometry; research

employing the ANSTO inelastic spectrometer.

(2) Other fields: Evidence verifying at least three years of

professional working experience in a relevant field.

2. Evidence of academic research output must be provided in the form of scholarly works published in Taiwan or abroad, such as the following:

(1) Journal articles: Author or co- author of a journal article published in a peer-reviewed scholarly journal. Manuscripts must be accompanied with the copy of proof of acceptance by

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45

(2) Conference papers: Author or co-author of a paper issued at a conference or accepted by a conference organizer for

issuance. Must be accompanied with the copy of proof of

acceptance.

(3) Books or book chapters: Author or co-author of a book or book chapter that is original or possessing important scholarly value and has been published by a domestic or foreign publisher possessing a review systems (includes in-depth interpretations of classic works; does not

include textbooks, cultural works, translated works, or published collections of papers) In the case of works that have been accepted but not yet been published. Please attach copies of relevant verifying documents.

(4) Other specialized works: Other specialized works possessing academic value, or software

programs or creative tools that are widely cited.

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46 Prize recipients, Wolf Prize recipients, Fields Medal recipients, or recipients of other

internationally-recognized awards at an equivalent level.

Nobel Prize, Tang Prize, Wolf Prize, Fields Medals or other

internationally-recognized awards.

Academician at a national academy of sciences or scholar at an equivalent national level.

Copy of academician certificate of national academies of science in various fields located either domestically or overseas

(academician is a nation’s highest title in various fields of science and

technology and is a lifelong honor) or certificate of national academician or equivalent.

The applicant has

currently or has previously been a university chair professor, professor, associate professor, or research institution researcher or associate researcher, has made important academic contributions or written important professional

1. Copy of domestic or foreign

certificate verifying possession of a Ph.D. degree, verification of

domestic or foreign work

experience in a relevant field for three years or more or documents verifying academic research during the most recent three years in public or private universities and research institutions (with research as their core mission) located in

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47 recognition for published research results during the most recent three years.

2. Copy of documents verifying domestic or foreign work experience in a relevant field, technology (such as a domestic or foreign patent certificate),

technology licensing (such as technology licensing contract) or receipt of awards in public or private universities and research institutions (with research as their core mission) located in Taiwan or abroad.

<Note>

Evidence of academic research output must be provided in the form of

scholarly works published in Taiwan or abroad, such as the following:

(1) Journal articles: Author or co- author of a journal article published in a peer-reviewed scholarly journal. Manuscripts must be accompanied by a copy of proof of acceptance by the

publisher.

(2) Conference papers: Author or co- author of a paper issued at a conference or accepted by a

conference organizer for issuance.

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copy of proof of acceptance.

(3) Books or book chapters: Author or co-author of a book or book

chapter that is original or possessing important scholarly value and has been published by a domestic or foreign publisher possessing a review system (includes in-depth interpretations of classic works; does not include textbooks, cultural works,

translated works, or published collections of papers) In the case of works that have been accepted but not yet been published. Please attach copies of relevant verifying documents.

(4) Other specialized works: Other specialized works possessing academic value, or software

programs or creative tools that are widely cited.

Those who have received a Ph.D. degree and have continued to practice in their professional field, or who perform research at research institutions, or

1. Being qualified as professional and technical personnel under the Professionals and Technologists Examinations Act; domestic or foreign certificate verifying possession of a Ph.D. degree,

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49 technology research and development or

management at institutions of science and technology for more than four years.

work experience in a relevant field for four years or more or

documents verifying academic research during the most recent four years.

2. Being qualified as professional and technical personnel under the Professionals and Technologists Examinations Act; domestic or foreign certificate verifying possession of a Ph.D. degree, documents verifying at least four years of domestic or foreign work experience in a relevant field (such as letter of employment),

technology (such as domestic or foreign patent certificates), technology licensing (such as technology licensing contract) or receipt of awards.

<Note>

1. Professional and technical personnel shall refer to persons with specialized skills or

knowledge gained through modern education or training, who are engaged in occupations that closely affect public interest or the people's

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property or other rights, and are required by law to pass relevant examinations to obtain qualifying certification.

2. Institutions of science and

technology include: (1) public or private colleges/university and public research institutions; (2) administrative academic

institutions and nonprofit foundation academic research institutions; and (3) government agencies or organizations with technology research and

development or management divisions.

Those who have special expertise or perform science and technology research and development or management work at institutions of science and technology, and whose distinctive abilities are very uncommon both in Taiwan and abroad.

1. Copy of domestic or foreign

certificate verifying possession of a Ph.D. degree, verification of

domestic or foreign work

experience in a relevant field for 3 years or more or documents

verifying academic research during the most recent three years.

2. Copy of documents verifying domestic or foreign work experience in a relevant field, technology (such as a domestic or

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technology licensing (such as technology licensing contract) or receipt of awards.

Holders of a Ph.D. degree who possess special

expertise that is lacking in Taiwan.

Copy of domestic or foreign

certificate verifying possession of a Ph.D. degree, documents verifying domestic or foreign work experience in a field of science or technology (such as letter of employment), technology (such as domestic or foreign patent certificates), technology licensing (such as technology licensing contract) or receipt of awards.

Economy (Ministry of Economic Affairs)

Previously or currently holding a position in a foreign state or in the ROC with a most recent

monthly salary of at least NT$160,000.

Copy of salary or income tax payment certificate.

<Note>

If an applicant has a most recent monthly salary of over NT$160,000, the proof of employer, the salary withholding certificate or tax certificate issued by the foreign government specifying the monthly salary or average monthly salary of over NT$160,000 within the first three years from the month of application or a copy of the

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aforesaid monthly salary shall be attached.

Those who have held position of operations, technical or marketing executives at an R&D center, operations headquarters or

transnational corporation established in Taiwan.

1. Copy of approval letter issued by operations headquarters or R&D center or certificate issued by the transnational corporation.

2. Copy of certificate of employment as operations, technical or

marketing executives.

Those with professional technical capabilities related to key industry products, components or service models, have obtained a doctoral degree or above in related fields at a domestic or foreign university, and have either received an international

invention/innovation award or have more than four years of work

experience in related fields.

1. Copy of certificate of patent or patent application or research reports published publicly (such as seminars and forums) or in

journals.

2. Copy of doctoral certificate issued by related departments of

universities at home or abroad.

3. Copy of certificate of international invention/innovation award or proof of more than four years of work experience in related fields.

Those who have held a Copy of proof of more than eight

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53 interdisciplinary positions at a semiconductors, optoelectronics, information and

communication, electronic circuit design,

biotechnology/medical materials, precision

machinery, transportation, systems integration,

consultancy, or green energy company in the manufacturing sector or related technology

services sectors, and have more than eight years of work experience in related fields.

specialized or interdisciplinary positions at a semiconductors, optoelectronics, information and communication, electronic circuit design, biotechnology/medical materials, precision machinery, transportation, systems integration, consultancy, or green energy company in the manufacturing sector or related technology services sector.

Those who have been certified by the relevant central competent authority as specialized talent or who possess transnational experience and knowledge/skills for which there is an urgent demand in Taiwan.

Copy of the letter of recommendation approved by Ministry of Economic Affairs.

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54 (Ministry of

Education)

a doctoral degree from one of the top 200 universities in the most recent QS World University

Rankings or Times Higher Education World

University Rankings.

possession of a doctoral degree from one of the top 200 universities in the most recent QS World University Rankings or Times Higher Education World University Rankings.

Those who have been engaged in teaching and research for more than five years, and in the past five years, they have worked at one of the top 500

universities in the most recent QS World

University Rankings or Times Higher Education World University

Rankings.

Copy of verification of work experience in one of the top 500 universities in the most recent QS World University Rankings or Times Higher Education World University Rankings in the past five years and verification of engaging in teaching and research for more than five years.

Those who have won a Yushan (Young) Scholar award in Taiwan.

Copy of documentary proof of winning Yushan (Young) Scholar award issued by Ministry of Education.

Those who previously held or are currently holding a position in a foreign state or in Taiwan with a most

Copy of salary or income tax payment certificate.

<Note>

If an applicant has a most recent

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least NT$160,000. the proof of employer, the salary withholding certificate or tax certificate issued by the foreign government specifying the monthly salary or average monthly salary of over NT$160,000 within the first three years from the month of application or the copy of

employment contract specifying the aforesaid monthly salary shall be attached.

Culture and arts (Ministry of Culture)

Performing arts:

1. Previously serving as member of international arts organization, or assuming post of significant capacity in governmental agency or private organization

related to culture and arts;

2. Currently or previously been a major or significant team member hosting an international arts event (including, but not limited to a major arts festival);

3. Previously receiving internationally or

domestically recognized award, or serving in judge

1. Copy of membership of an

international arts organization or proof of employment in the governmental agency or private organization related to culture and arts.

(1) International arts organizations:

International foundations,

associations, companies, groups and agencies that operate for cultural and art purposes, such as American Theatre Association, Organisation Internationale des Scénographes, Techniciens et Architectes de Théâtre (OISTAT) and the Broadway League or other arts organizations reviewed

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56 award; or

4. Other individuals

reviewed and validated by the Ministry of Culture.

Culture.

(2) Significant capacities: Managers, associate managers, vice

presidents, presidents, vice

chairmen, chairmen, deputy chief executive officers, chief executive officers, persons in charge, vice directors, directors or equivalents reviewed and approved by

Ministry of Culture.

2. Copy of certificate of major or significant member of hosting an international arts event.

(1) International arts events:

Edinburgh International Festival, Festival d'Avignon, Next Wave Festival or other arts events reviewed and approved by Ministry of Culture.

(2) Major or significant members:

Managers, associate managers, vice presidents, presidents, vice chairmen, chairmen, deputy chief executive officers, chief executive officers, persons in charge, vice directors, directors or equivalents or others reviewed and approved by Ministry of Culture.

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domestically recognized award or certificate of in judge panel of abovementioned award. (Awards:

Awards hosted by major

international arts organizations, awards with a certain number of participants and countries or awards which are quite

representative or important in the field of international performing arts, such as Tony Award, National Dance Awards, International

Tchaikovsky competition or other equivalents reviewed and approved by the Ministry of Culture.)

4. Copy of certificate of performing arts reviewed and approved by the Ministry of Culture.

Visual arts:

1. Previously serving as member of international arts organization, or assuming post of significant capacity in governmental agency or private organization

related to culture and arts;

2. Currently or previously being major or significant

1. Copy of membership of an

international arts organization or proof of employment in the governmental agency or private organization related to culture and arts.

(1) International arts organizations:

International foundations,

associations, companies, groups and agencies that operate for

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58 international arts event (including, but not limited to major arts fair or

biennial);

3. Previously receiving internationally or

domestically recognized award, or serving on judge panel of abovementioned awards; or

4. Other individuals

reviewed and validated by the Ministry of Culture.

National Endowment for the Arts (NEA), the European Fine Art Fair (TEFAF), Affordable Art Fair (AAF), MCH Swiss Exhibition (Basel) Ltd., the Association of International Photography Art Dealers (AIPAD) or other arts organizations reviewed and approved by Ministry of Culture.

(2) Significant capacities: Managers, associate managers, vice

presidents, presidents, vice

chairmen, chairmen, deputy chief executive officers, chief executive officers, persons in charge, vice directors, directors or equivalents reviewed and approved by

Ministry of Culture.

2. Copy of certificate of member of hosting an international arts event (such as major arts fair and

biennial).

(1) International arts events:

A. Fairs: ART TAIPEI, Art Basel HK, Art Stage Singapore, Art Basel Miami Beach, Art Basel or other international arts fairs reviewed and approved by

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B. Biennials: La Biennale di Venezia, Berlin Biennale for Contemporary Art, the European Biennial of Contemporary Art, Shanghai Biennial, Biennale of Sydney, Sao Paulo Art Biennial, Whitney Biennial, Costa Rica Biennale, Gwangju Biennale, International Istanbul Biennial or others reviewed and approved by Ministry of Culture.

(2) Major or significant members:

Managers, associate managers, vice presidents, presidents, vice chairmen, chairmen, deputy chief executive officers, chief executive officers, persons in charge, vice directors, directors or equivalents or others reviewed and approved by Ministry of Culture.

3. Copy of internationally or

domestically recognized award or certificate of in judge panel of abovementioned award. (Awards:

Awards hosted by major

international arts organizations, awards with a certain number of participants and countries, awards

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certain standard or awards which are quite representative or

important in the field of

international visual arts, such as New York Art Directors Club Annual Awards, Bologna

Children's Book Fair-Illustrators Exhibition or other equivalents reviewed and approved by the Ministry of Culture.)

4. Copy of certificate of visual arts reviewed and approved by the Ministry of Culture.

Publishing:

1. Currently or previously serving as a chief editor or senior manager of major international authoritative media or publishing house, or as copyright agent, with at least 10 years’

experience in publishing or mass communications;

2. Currently or previously serving as a professor at foreign university in publishing or related mass communications

disciplines;

1. Copy of proof of employment as chief editor or senior manager in a major international authoritative media or publishing house and the certificate of more than ten years of work experience in publishing or mass communications.

(1) International authoritative media: Print media or news agencies that publish more than two pages of international news to national or global readers in the name of a country or an important city, such as U.S. News & World Report, the New York Times, the

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disciplines and has received an international academic prize;

4. Receiving the highest publishing-related honor in the country of origin or comparable international honor;

5. Serving as a curator for major international

publishing event; or 6. Other individuals

reviewed and validated by the Ministry of Culture.

Times, Nihon Keizai Shinbun, Associated Press, the Reuters, L'Agence France-Presse, Time, Life, National Geographic, Yazhou Zhoukan or other print media or news agencies reviewed and approved by the Ministry of Culture.

(2) Publishing houses: Penguin Random House, HarperCollins Publishers LLC) or others reviewed and approved by the Ministry of Culture.

(3) Senior managers: Managers, associate managers, vice presidents, presidents, vice

chairmen, chairmen, deputy chief executive officers, chief executive officers, persons in charge, chief editors, vice chief editors, vice directors or directors of the media or publishing house or

equivalents.

2. Copy of proof of employment as a professor at a foreign university in publishing or related mass

communications disciplines.

3. Copy of doctorate in publishing-

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international academic prize (according to the International Academic Research Awards published by Academia Sinica).

4. Copy of certificate of the highest publishing-related honor in the country of origin or comparable international honor. (Publishing- related honors: Nobel Prize, Pulitzer Prize, Booker Prize, Prix Goncourt, National Magazine Awards, National Book Awards, Premio Miguel de Cervantes, Premio Planeta de Novela, Naoki Prize, Akutagawa Prize or other equivalents reviewed and approved by Ministry of Cultures)

5. Copy of certificate of curator for a major international publishing event (such as curator for the International Book Exhibition or manager, associate manager, vice president, president, vice chairman, chairman, deputy chief executive officer, chief executive officer, person in charge, vice director or director or equivalent of curatorial organization for the International

參考文獻

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Employment of Foreign Workers, overseas Chinese students shall meet the student status regulated in the Regulations on Study and Counseling Assistance in Taiwan for

shall be noted. In principle, documents attached by the employer shall be affixed with the seals of application unit and owner. The application and list shall be affixed with

Foreign Professional Personnel Employment Work Permit Application (Comment System for Overseas Chinese or Foreign.. Student Graduated in

In order to apply for a permit to employ Class B Foreign Worker(s), an Employer shall provide reasonable employment terms and register for such employment demands with local

Application via internet: Foreign students, overseas Chinese students, and ethnic Chinese students shall apply for a work permit through the Internet in accordance with the law..

Should an employer find it necessary to continue the employment of the Class A Foreign Worker(s), the employer shall, within four (4) months prior to the expiration of the