Published in May 2018
Operational Manual for Reviewing Employment Permit
Application of Contract-fulfilling Foreigners
Contents
1. Job Items and Description ... 2
2. Qualifications of Foreign Worker... 11
3. Qualifications of Domestic Contracting Entity and Application Entity . 18
4. Documents for Application ... 28
5. Other Regulations ... 48
Appendix 1. Review Principles for Mainland China Education of Foreign Workers Applying for Employment Permit to Perform Professional and Technical Work ... 52 Appendix 2. Review Principles for Internationally Renowned Culinary
Institutes and International Licenses of Culinary Instructors ... 54
Manual Instructions:
This operational manual was published to make information public and improve the transparency of reviewing operation. It is compiled in
accordance with relevant Laws and Regulations, but the reviewing criteria
are still subject to the recent Laws and Regulations. In order to flexibly
response various categories of application, it will be continuously added
and revised then announced for any incomplete issue.
Category G (Contract-fulfilling Work)
The execution of out-sourcing, transaction, or technical cooperation contract requires a foreign legal entity to designate its employee of a foreign nationality to engage in below job items in Taiwan.
1. Job Items and Description:
(1) Items:
1. Construction and maintenance or architecture techniques (Code 01) 2. Communications and transportation (Code 02)
3. Tax and financial services (Code 03) 4. Practice of real estate agency (Code 04) 5. Immigration services (Code 05)
6. Practice of attorneys, or of patent attorneys (Code 06) 7. Practice of technicians (Code 07)
8. Health care (Code 08)
9. Environmental protection (Code 09)
10. Culture, sports, and recreation services (Code 10) 11. Academic research (Code 11)
12. Practice of veterinarians (Code 12) 13. Manufacturing (Code 13)
14. Wholesales (Code 14)
15. Other work designated by the joint consultation of the central competent authority and the central competent authorities with jurisdiction. (Code 15)
(1) Foreigners engaged in management, design, planning or consultation in the professional, scientific or technical service business.
(2) Foreigners worked as a chef in the catering industry.
2
(3) Foreign workers teaching cooking in short-term cram schools established by corporations.
(2) Descriptions:
Code Job Items Descriptions Review Criteria
01 Construction and maintenance or architecture techniques
Technical instruction or quality control of construction and maintenance as well as planning, design, supervision or technical advice of architecture project.
1. Shall fill “Category G” in the category of occupations in the application form.
2. This application may apply mutatis mutandis to contract performance content of foreign legal persons, assigning foreigners to receive training domestically or Taiwanese companies providing technical output.
3. According to Article 11-3 of Regulations on the
Permission and Administration of the Employment of Foreign Workers, in the event that the qualification
requirements to be obtained for a foreign worker to allow him/her to engage in the jobs under Subparagraph 1 or 2 of Paragraph 1 of Article 46 of the Act are consistent with certain methods and conditions of professional practice, such foreign worker shall additionally satisfy the requirements by the laws and regulations promulgated by the central competent authority with jurisdiction. Therefore, if the job item applied by the foreign worker requires our nation’s vocational license 02 Communications and
transportation 1. Jobs relevant to
land transportation business
1-1 Planning, designing,
implementation & supervision, consulting & operation and maintenance work for
railways, highways and mass rapid transit systems (MRT).
1-2 Installations, maintenance, technical supervision, testing and operations of the facilities for passenger and cargo carriages for railways, highways and MRT that are either imported from foreign countries or manufactured domestically by foreign companies.
1-3 Examination and testing of instruments purchased overseas and R&D work that can help upgrade land transportation techniques.
2. Jobs relevant to maritime and aviation transportation business
2-1 Planning, designing,
implementation & supervision and evaluations of harbors and piers.
2-2 Management of commercial harbor facilities and salvage work, the construction, maintenance, installations,
3
and operations of the facilities, and R&D work that can help upgrade harbor operation techniques.
qualification and job content shall follow the
requirements by the laws and regulations promulgated by the central competent authority with jurisdiction.
4. Foreigners perform the work of air-transportation or test-fly, pilot training, commercial aircraft
flying, domestic commercial (aircraft) flying, aircraft engine, fuselage or
electronic communication visa related field shall submit the application with Code 02 Communications and Transportation (Sea Transportation).
Nevertheless, domestic contracting entity that does not comply with contract of civil aviation transportation industry qualified training institution shall submit the application with Code 15.
5. Besides, contracts of non-tethered balloon pilot shall be reviewed in accordance with Article 17 and 18. If the domestic contracting entity runs general aviation business, it shall submit the application with Code 02. As for tethered balloon pilot's domestic contracting entity (without the qualification of general aviation business), it shall submit the application with Code 15.
2-3 Constructing and maintenance of ships and containers and the R&D work that can help upgrade related techniques.
2-4 Training and management of personnel in the maritime industry and other work that can help upgrade the
development of maritime business.
2-5 Planning and construction of civil aviation terminals and supporting facilities.
2-6 Maintenance, purchasing of aircraft that can help upgrade air transportation techniques, civil aviation facility check and technical supervision.
2-7 Personnel training, operational management, transportation of aircrafts, test flies, training of pilots and co-pilots,
commercial aviation and other R&D work that helps to upgrade air transportation development.
3. Jobs relevant to postal business
3-1 Planning, designing,
examination, implementation
& supervision of postal machinery and facility systems.
3-2 Verification and production supervision of instruments purchased overseas and R&D work that can help upgrade postal techniques.
3-3 Research, designing, technical
4
Code Job Items Descriptions Review Criteria
supporting, maintenance of postal machinery and facilities and personnel training.
6. The job “chef” stated in Code 02 Communications and Transportation (Tourism Industry) and Code15 (Catering Industry) is defined as shown below (in accordance with the
Standard Classification of Occupations of
Directorate-General of Budget, Accounting and Statistics, Executive Yuan):
(1) Executive Chef: Refers to the person who monitors and plans cooking relevant works at the catering location, designs the menu and makes the dishes creative. However, cooking is not on the list of the person’s jobs.
(2) Chef: Refers to the person who performs cooking at hotel, in the restaurant or in / at any other locations. However, cooking simple or
pre-made fast food are not included (such as commis III and sous-chef)
4. Jobs relevant to telecommunicatio ns business
4-1 Planning, designing,
implementation & supervision of telecommunication
engineering and techniques.
4-2 Examination, manufacturing, technical supervision of instruments purchased overseas and R&D work that can help upgrade
telecommunication techniques.
4-3 Research, designing, technical supporting, technical
supervision and maintenance of telecommunication
facilities.
4-4 Telecommunication personnel training.
4-5 Designing and technical supports for
telecommunication value-added network.
4-6 Planning, designing,
implementation & supervision of radio wave techniques used in radio and television
broadcasting.
5. Jobs relevant to tourism business
5-1 Operational management of tourist hotels and travel industries, tour guides, tour leaders and other R&D work that helps upgrade the tourism industry.
5-2 Tourist hotel, hotel operation and food & beverage
techniques that are lacking in this country.
5-3 Planning, developing and operational management of tourist attractions or recreation
5
6. Jobs relevant to meteorology industry
6-1 Collection, evaluation, management, supplying and information exchange of the international meteorology, earthquakes, and marine meteorology.
6-2 Technical research and supervision of meteorology, earthquakes, and marine meteorology.
6-3 Testing and maintenance supervision of instruments purchased overseas and R&D work that can help upgrade meteorology, earthquakes, and marine meteorology
techniques.
6-4 Incubation and training of personnel related to
meteorology, earthquakes, and marine meteorology and the recognition and verification of meteorology, earthquakes, marine meteorology, volcano and seismic sea wave.
7. Planning and management relevant to the businesses above
Planning and management of items above.
03 Tax and financial services
1. Jobs relevant to securities & future trading
1-1 Planning, research, analysis, management, and new technique initiation work on securities and marketable securities.
1-2 Future trading, investment, analysis, auditing in the financial and business sectors, or new techniques initiation.
2. Job relevant to Financial industry: depositing,
6
Code Job Items Descriptions Review Criteria
financial industry crediting, investing, trusting, foreign exchange, other financial businesses recognized by the central competent authorities, along with authority concerned at the central government level and the planning, research & analysis, management & consulting work of these business sectors.
3. Job relevant to insurance industry
Insurance industry: Claims for life or property insurance, approval of insurance policy, actuary,
investment, information,
re-insurance, insurance brokerage, insurance agent, training,
notarization, engineering, risk management or new techniques initiation.
4. Job relevant to assisting business accounting affairs.
Assisting business accounting affairs.
5. Jobs to treat business regulated by Certified Public Accountant Act
Jobs to treat business regulated by Certified Public Accountant Act.
04 Job relevant to real estate agency
Brokerage or selling of real estates 05 Job relevant to
immigration services
1. Consultation of immigration fund and brokerage services related to investment
immigrating. The idea is to protect the rights of the immigrants.
2. Other consultation services related to immigration.
06 Practice of attorneys, or of patent attorneys 07 Practice of technicians 08 Job relevant to health
care
1. Physician, traditional Chinese medical practitioner, dentist, pharmacist, medical
technologist, medical radiation
7
licensed nurse, nutrition
specialist, clinical psychologist, counseling psychologist,
respiratory therapist, speech pathologist, dental technician, licensed midwife, an
occupational therapist, or audiologist relevant jobs.
7. Code10 Culture, Sports, and Recreation Services:
(1) Foreigner who comes to Taiwan to perform Code 10 sports training and instruction works shall instruct technicians in relevant fields (such as seed teachers, performing artists etc.) and shall not give relevant sports trainings directly to citizens.
(2) For reporters who were sent to Taiwan by foreign media without
2. Other than the professionals as set forth in the preceding Paragraph, any other medical specialist or technician whom is recognized as necessary in healthcare business by the joint consultation of the central governing authority and central competent authorities.
09 Job relevant to environmental protection
1. Personnel training.
2. Research and development of techniques.
3. Installations, operations and maintenances of
pollution-prevention instruments.
10 Job relevant to culture, sports, and recreation services 1. Job relevant to
publication industry
Management, foreign-language scriptwriting, editing, translation or compilation for newspapers, magazines or books; management, production or music composing, new facilities & techniques initiation for audio publication.
2. Job relevant to motion picture industry
Motion picture production, screenplay writing, art designing, promotion, direction, or new techniques initiation.
3. Job relevant to wireless, cable, and satellite
Program designing and production, foreign-language scriptwriting, translation &
8
Code Job Items Descriptions Review Criteria
broadcasting (including program supply business) industries
editing, announcing & dubbing, directing & program hosting, management or new techniques initiation.
employment relationship and consented by the Ministry of Foreign Affairs with reporter permit, they may directly apply for residence to National Immigration Agency other than applying for permit to Ministry of Labor.
8. Code11Academic research:
If the domestic contracting entity that employs a foreigner to perform research work is an institution of higher education or an academic research institution or teaching hospital whose registration is approved by the central governing
authorities pursuant to laws, it shall submit the
application with Code 11.
4. Job relevant to service industry related to arts, culture and sports
Literary work, commentary, operation and management of arts
& culture activities, agents for art talents and models, operation &
management of sports venues, judges (referees) for sports competition, sports (training) instructor, or organizer for sports events.
5. Job relevant to library and archive preserving
industries:
Data collecting and maintaining, transformation of data into photographs, maps, audio tapes, video tapes and other preservation or management format.
6. Job relevant to museums, historical heritages and other organizations dedicated to preserving cultural assets
Preservation, maintenance, display and demonstration (exhibition), education or management of various cultural assets or other cultural assets worthy of preservation.
7. Job relevant to recreational services business
Operation and management of theme parks or playgrounds.
11 Academic research 12 Job relevant to
veterinarians 13 Job relevant to
manufacturing
Jobs including operational management, research, analysis, design, planning, maintenance, consultation, instrument installation and technical supervision.
14 Job relevant to wholesales
Jobs including operational
management, design, planning and technical supervision.
15 Other work
designated as per the
1. Management, design, planning or consultation in the
9
the central competent authority and the central competent authorities with jurisdiction.
technical service business. come to Taiwan for research on their own or with
professors in our country based on foreign budget may not apply for permit.
9. If the foreign worker fulfilling the contract seems to perform blue-collar work, the county (city) government will be asked to make a visit or a consultation will be initiated.
2. Chef in the catering industry 3. Cooking instructor in short-term
cram schools established by corporations.
10
Qualifications of Foreign Worker
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria 1 Qualification of
Foreign Worker(s)
Article 7 of Review Criteria:
1. A foreign worker whose engagement of work is less than 90 days will not be bound to Article 5 of Review Criteria.
2. If the number of days when the foreign employee has worked to fulfill the contract(s) within one year prior to the
application date, and the number of days that the employer submits the application, total more than ninety days, the foreign
employee shall still be bound to Subparagraphs 1, 2, and 4 of Article 5.
1. A foreigner who fulfills the contract work and whose period of stay allowed by the visa as a work permit is within thirty days is
exempted from applying for the work permit. The period of stay shall be calculated based on one’s immigration records and those who leave and then enter the country shall have the period of stay recalculated. (Subparagraph 1 of Paragraph 1 of Article 5 of Regulations on the Permission and
Administration of the Employment of Foreign Workers)
2. A foreign worker whose period of stay is thirty-one days or more but not over ninety days shall not be limited to general
qualifications. However, the said foreign worker shall comply with specific qualifications. Besides, the application shall be
submitted within thirty days following the said foreign worker’s entry into Taiwan.
3. A foreign worker whose period of stay is over 91 days shall comply with general and specific qualifications.
1. General Qualifications
Complied with Subparagraph 1, 2 or 4 of Review Criteria:
1. The first subparagraph refers to those who have
11
1. Subparagraph 1: Acquire certificates or operation qualifications through the procedures specified in the Examinations of Specific Profession and Technician Guidelines.
2. Subparagraph 2: Acquire credentials of Master degree or above from universities in the ROC or in foreign countries or acquire Bachelor degree and with more than two years work experiences in the specific field.
3. Subparagraph 4: Specialists who have been trained professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.
obtained the qualifications of examinations held by the Ministry of Examination.
2. Each country’s educational systems stated in
Subparagraph 2 shall be determined in accordance with each country’s educational administrative organization and
educational system or Ministry of Education’s Reference List of Foreign Universities
3. More than two years of work experiences refer to relevant work experiences after the graduation, where the internships and
part-time jobs during the period of school shall not be calculated (Explanation No. 0930201811 issued by the Ministry of Labor on the 19th of April 2004) 4. Review criteria referred to
in Subparagraph 4 is shown below:
(1) Foreign specialists who have been trained professionally or
self-taught in the specific field and have
demonstrated outstanding performances refers to their possession of work related certificates, professional training certificates, books, papers, patents and inventions, or records of winning
12
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria international skill competitions. The employer is therefore required to attach one of abovementioned
certification documents of the foreign worker and documents evidencing the foreign worker’s
over-five-year work experience (such work experience shall be related to the applied job)
(2) A foreign worker whose work experience in relevant field is over 10 years shall, if unable to provide documents evidencing trainings and outstanding performance, be replaced by a
recommendation letter issued by his / her (ex-) employer. Besides, the said recommendation shall state the foreign worker’s work content, work period and special contributions.
(3) Documents indicated above remains questionable after confirmation, the county (city) government will be asked to make a visit.
2. Specific qualifications
Review Criteria:
1. A culinary instructor as mentioned in Paragraph 15, Article 4 shall meet the following requirements:
(1) Certified by an international culinary institute having been
1. The professional
qualification or certificate required for the foreign worker shall be identified based on each
subparagraph.
13
established for 15 years or more or having overseas branches in 3 countries or more (excluding Taiwan).
(2) Having international culinary licenses.
(3) Working in the foreign catering industry for 5 years or more and teaching in internationally renowned culinary institutes for 2 years or more. (For review
principles, see Appendix 2) 2. Transportation business in
Article 11-20
(1) The tour guide or leader of tourism business shall achieve practice license; manager of travel business shall achieve certificate of manager (2) The personnel of aircraft
shipping or trial flight shall achieve pilot qualification, valid test certificate of model employer required and medical certificate.
(3) The pilot of aircraft shall achieve trainer qualification, valid test certificate of model employer required and medical certificate.
(4) The pilot of aircraft operation shall achieve qualification of civil aviation pilot, valid test certificate of model employer required and medical
certificate.
(5) The pilot of local general aviation business shall achieve pilot qualification, valid test certificate of model
2. The certificate, valid test certificate and medical certificate of the foreign worker listed at left side engaged in tour guide, tour leader, aircraft shipping or trial flight, aircraft pilot training, aircraft operation, pilot of local general aviation business and visa of aircraft engine, body or communication electronics shall be still valid during application of employment permit.
3. The application for pilot of hot-air balloon shall attach certificate of foreign worker engaged in tethered hot-air balloon operation issued by Civil Aeronautics
Administration, Ministry of Transportation and
Communications.
14
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria employer required and
qualified medical certificate.
(6) The personnel who engage in visa relevant to aircraft engine, body or
communication electronics shall have valid test certificate and 5 years or more of work experiences relevant to aircraft maintenance or related technical areas 3. The personnel of real estate
brokerage in Article 22 shall achieve obtain a real estate broker certificate issued by the municipality or county (city) competent authority, or a real estate broker certificate issued by the organization or
association designated by the authority concerned at the central government level.
4. The personnel of immigration business mentioned in Article 23 shall meet one of the following requirements:
(1) have engaged in consultation and brokerage associated with investment immigration (for the protection of immigrants’
rights and interests) or other consultation associated with immigration for two years or more.
(2) worked as immigration officer responsible for immigration visa for one year or more.
(3) are qualified as lawyers and have engaged in the business relevant to immigration for one year or more.
15
5. The attorney in Article 24 shall be attorney of R.O.C. or solicitor of foreign law.
6. The patent attorney in Article 25-1 shall have qualification of patent attorney.
7. The practice technician in Article 26 shall achieve the practice license issued by authority concerned at the central government level in accordance with Professional Engineers Act.
8. The personnel at medical institution in Article 27 shall be doctor, traditional Chinese physician, dentist, pharmacist, medical laboratory scientist, radiologist, physical therapist, occupational therapist,
registered nurse, nutritionist, clinical psychologist,
consultative psychologist, respiratory therapist, speech therapist, audiologist, certified dental technician and midwife with professional medical certificate.
9. The vet in Article 33 shall achieve vet certificate issued by the Central Competent
Authority with jurisdiction.
4. The application for the personnel at medical institution in Article 27 of Examination Standard:
Before the foreign worker took technical exam and achieved medical certificate issued by competent authority, he/she may attach acceptance transcript by Ministry of Examination as alternative one. (There are 2 tests for doctor examination. It shall subject to the pass mark in the 2nd test.)
16
Qualifications of Domestic Contracting Entity and Application Entity
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria 1 Qualification of
domestic contracting entity
1. Shall be juridical person in accordance with Subparagraph 2 of Paragraph 2 of Article 7 of Regulations on the Permission and Administration of the Employment of Foreign Workers. However, domestic contracting entities that are government agencies shall also be adopted.
2. Domestic contracting entity shall be in compliance with the enterprise or industry type (such as the
contract-concluding unit of culture, sports and recreation services) regulated in special professions or technical assignments. Besides, contract-fulfilling foreign worker shall be engaged in jobs of Code 01, 02, 03, 06, 07, 08, 09, 10 (Subparagraph 5 and 6 of Article 31 of review criteria) , 11 and 12. Domestic contracting entity shall obtain permit certificate, license or approval and registration relevant documents issued by competent authority. The review criteria is shown below:
(1) Domestic contracting entity that employs a foreign worker engaged in construction industry business should be equipped with one of below qualifications (Code 01, Article 9):
1. Architects with more than two years' experiences in the construction field stated in Article 9 refers to
domestic contract unit’s two years of work experiences after obtaining the
17
A. Construction enterprises that have obtained permits and have registered with the competent authorities with jurisdiction.
B. Architects who have obtained operation
certificates and have more than two years' experiences in the construction field.
(2) Domestic contracting entity that employs a foreign worker engaged in communication and transportation business should acquire the business license issued by the central competent authority with jurisdiction. (Code 02, Article 10):
(3) Tax and financial services (Code 03, Article 21) A. Foreign worker engaged in
securities and future trading, financial industry, insurance industry and business accounting affairs should acquire the business license about securities, futures trading, financial industry or insurance industry issued by the central competent authority with jurisdiction.
B. Domestic contracting entity that employs a foreign worker assisting businesses or services specified by the GPA Guidelines should acquire the CPA's practice registration.
(4) Domestic contracting entity that employs a foreign worker
operation certificate.
2. Transportation industry shall acquire permit issued by the industry authority at the central government level stated in Article 10 does not include permit issued by local
governments. For example, hotel or B&B business approved by county (city) government.
18
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria engaged in practice of
immigration services should be an immigration services organization (Code 05, Article 23).
(5) Domestic contracting entity that employs a foreign worker engaged in practice of lawyer / attorney should be lawyer / attorney recognized in Taiwan or specialized in foreign laws (Code06, Article 25).
(6) Domestic contracting entity that employs a foreign worker engaged in practice of patent attorneys should be a firm that operates and handles patent business, and be patent attorney of Taiwan, attorney of Taiwan or patent agent of Taiwan (Code 06, Article 25-1).
(7) Domestic contracting entity that employs a foreign worker engaged in practice of
professional engineers should acquire professional
engineering consulting firm registration certificate or business license issued by the competent authority. (Code 07, Article 26).
(8) Domestic contracting entity that employs a foreign worker engaged in practice of
healthcare should be a medical organization, health-care organization, pharmacist and pharmacy, non-profit healthcare organization, other
19
organizations allowed for foreigner-recruitment that recognized by the central competent authorities along with the central competent authority with jurisdiction.
(Code 08, Article 28).
(9) Domestic contracting entity that employs a foreign worker engaged in practices of environmental protection should be environment examination and examination organization, waste (sewage) water disposal operator, cleaning agency that handles the sewage-water disposal facilities for (office and apartment) buildings, garbage disposal agency, and other work / industries allowed for foreigner-recruitment
recognized by the central competent authorities along with the central competent authority with jurisdiction.
(Code 09, Article 30).
(10) Domestic contracting entity that employs a foreign worker engaged in culture, sports and recreation services should be (Code 10, Article 31):
A. Domestic contracting entity that employs a foreign worker engaged in practices of management,
foreign-language scriptwriting, editing,
translation or compilation for newspapers, magazines or books; or management,
20
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria production or music
composing, new facilities &
techniques initiation for audio publication should be in the publication Industry B. Domestic contracting entity
that employs a foreign worker engaged in practices of motion picture production, screenplay writing, art designing, promotion, direction or new techniques initiation should be in the motion picture industry C. Domestic contracting entity
that employs a foreign worker engaged in practices of program designing and production, foreign-language scriptwriting, translation &
editing, announcing &
dubbing, directing &
program hosting, management or new
techniques initiation should be in the wireless, cable, and satellite broadcasting (radio and television) industries D. Domestic contracting entity
that employs a foreign worker engaged in practice of literary work,
commentary, operation and management of arts &
culture activities, agents for art talents and models, operation & management of sports venues, judges (referees) for sports
competition, sports (training) instructor or organizer for
21
sports events should be in the service industry related to arts, culture and sports.
E. Domestic contracting entity that employs a foreign worker engaged in practices of library and archive preserving industries should acquire the publication industry license or archive preservation industry license issued by the competent authority.
F. Domestic contracting entity that employs a foreign worker engaged in practices of museums, historical heritages and other
organizations dedicated to preserving cultural assets should acquire museum license or historical heritages license issued by the
competent authority.
G. Domestic contracting entity that employs a foreign worker engaged in practices of operation and
management of theme parks or playgrounds should be in the recreation and service industry.
(11) Domestic contracting entity that employs a foreign worker engaged in practices of research work should be college or above, or an academic research institution or teaching hospital whose registration is approved by the central competent authorities
22
Serial
No. Qualifications Relevant Laws and Regulations Review Criteria pursuant to laws (Code11,
Article 32).
(12) Domestic contracting entity that employs a foreign worker engaged in practices of veterinarians should be a veterinarian clinic or other organizations recognized by the central competent authorities along with the central competent authority with jurisdiction. should obtain the veterinarian certificate issued by the latter (Code12, Article 33).
(13) Domestic contracting entity that employs a foreign worker engaged in practices of operational management, research, analysis, design, planning, maintenance, consultation, instrument installation and technical supervision should be in the manufacturing industry (Code13, Article 34).
(14) Domestic contracting entity that employs a foreign worker engaged in practices of operational management, design, planning and technical supervision should be in the wholesale business (Code14, Article 35).
(15) Foreign workers engage in other work designated as per the joint consultation of the central competent authority and the central competent authority with jurisdiction:
A. For those who engage in
23
catering chef, the Domestic contracting entity should the catering industry.
B. For the employers of foreign workers teaching cooking, the domestic contracting entity should be short-term cram schools established in accordance with the
Supplementary Education Act.
(Code15, Subparagraph 15 of Article 4).
3. Domestic contracting entity that employs a foreign worker engaged in culinary teaching in Subparagraph 15 of Article 4 should be corporations established in accordance with the Company Act and the workplace shall be the short-term cram schools subordinate to the corporations.
2 Qualification of contract-fulfilling application unit
According to Paragraph 3 of Article 51 of Employment
Service Act, the contract-fulfilling application unit shall be in
compliance with one of the following conditions:
1. Foreign juridical person’s branch office established in Taiwan
2. Foreign juridical person’s representative office established in Taiwan 3. Domestic contracting entity
shall be a juridical person by laws. Those that acquire approvals from the central competent authority with jurisdiction shall attach an operation certificate.
4. Foreign juridical person’s authorized agent
Agent authorized by a foreign juridical person shall attach the authorization letter.
Documents for Application
Serial No.
Prerequisite
Documents Review Content Notes
1 Original receipt of examination fee
1. Information on receipt of the reviewing fee shall be specified in the application form, so the receipt of reviewing fee may be exempted. However, the application unit may still be requested to attach such document depending on the case (Announcement
No.10405118501 issued by the Ministry of Labor on the 23rd of September 2015)
2. Reviewing fee is NTD$500.
1. The reviewing fee for employment of foreign professionals is calculated by unit other than number of applicant. The
application from the same company (work permit application for more than 2 foreign workers) is required to pay $500 of reviewing fee only.
2. Those who apply for information change do not need to pay reviewing fee.
Those who withdraw application will not be refunded.
3. Those who overpay or underpay reviewing fee or do not pay it at post office will be asked to repay it in accordance with
regulations.
4. The refund method for overpaid (mistakenly paid) reviewing fee: The
employer will be asked to fill out application form, check refund type and attach original receipt of overpaid (mistakenly paid) reviewing fee for refund.
5. For profit-seeking enterprises or businesses paying the reviewing fee for the employment permit of a foreign worker by postal deposit slip in accordance with the Letter
25
Tai-Shui-Yi-Fa-Zi No.
0930450078 dated February 11, 2004, the examination fee may be recognized as an expense with the deposit receipt.
2 Application form 1. The field in the application form such as name of the foreign juridical person, Domestic contracting entity, unified business no., contract name, contract type, contract commencement / ending date, fields of applicant’s information (including the unit’s name and unified business no., person in charge of the applicant
company, the unit’s address, address for sending the
application reply mail, foreign juridical person appointed address and person for sending the disposition document in the Republic of Chit person, receipt of examination fees) are
required to fill out.
2. The domestic and foreign juridical person shall be consistent with the contracting unit stated in attached contract.
3. Contract type: shall be in forms of contracts related to
construction, sale or technology cooperation.
4. The application unit shall be:
(1) Foreign juridical person’s branch office established in Taiwan.
(2) Foreign juridical person’s representative office established in Taiwan.
1. Foreign juridical person refers to the unit that signs the contract with domestic juridical person.
2. In case of having
incomplete information on the must-fill-in fields, the applicant shall fill in relevant information accordingly.
26
Serial No.
Prerequisite
Documents Review Content Notes
(3) Domestic contracting entity.
(4) Foreign juridical person’s authorized agent.
5. The name of application unit shall be consistent with the seal of unit; unit address shall be the same as that in the certificate of company registration or agency filing registration. Authorized agent does not need to fill the unit address.
6. For those who commission private employment service agency for treatment, the field of agency name, number, professional signature, agency seal, person in charge’s seal and contact phone number shall be filled up.
7. The seal of unit and person-in-charge shall be affixed.
3 Summary of the contract-fulfilling content
Shall state the nature of the contract, summary of the contract content, contract commencement / ending date, the number of
foreign professionals required to fulfill the contract, a summary of the working conditions of foreign professional(s) who performs the contract, address of the working location and the accumulated period of stay (in Taiwan) of foreign professional(s) appointed to fulfill this contract. Please refer to the attachment for the writing sample. (P.43)
Working location shall be the location of foreign juridical person. If not, it is a must to make explanations and attach evidentiary documents.
4 Name list of employed foreign workers
1. Fields in the list such as name of application unit, unified business no., name, gender, nationality or area, date of birth,
1. The field of “occupational classification code” shall not be entered.
2. 1” or 2” color or black
27
passport number, employment period, highest education, title, address of working location in Taiwan must not be filled in and the photo of foreign worker must be attached.
2. Personal information shall be correctly entered according to passport or travel document.
3. The applied employment period shall be consistent with or less than that of contract related to construction, sale or technology cooperation.
4. The address of working location in Taiwan shall be the business registration address of the domestic contracting entity.
5. The seal of unit shall be affixed.
photo. The photo printed along with the list shall be clear and identifiable.
3. When the address of working location is inconsistent with business registration address of the domestic
contract-concluding unit, the applicant will be asked to provide the proof such as the copy of the factory registration, operation facility registration or lease contract, etc.
5 Passport or resident certificate photocopy of employed foreign worker
1. The passport or resident certificate shall still be valid at the commencement date of employment.
2. The information page shall be complete, clear and identifiable.
3. Residents of the mainland China, except those from Hong Kong and Macau, are not eligible to work in Taiwan.
1. Principally, document with words such as travel document, identify certificate or not passport will not be recognized.
However, for Ukrainian minors, the copy of passport shall still be attached and it can be replaced by travel document in certain circumstance. It shall be recognized by case for other countries.
2. The UK passport with overseas mark is for residents in Hong Kong.
3. The empty page of passport may not be attached. Where there is any inconsistency between the passport number for this and
28
Serial No.
Prerequisite
Documents Review Content Notes
previous application because of passport
replacement, the photocopy of new passport shall be attached.
4. If the passport number is changed after the issuance of approval letter, the application of information change shall be made separately.
6 Consent document of legal
representative
Foreign workers under 20 years old shall have the legal
representative consent and passport attached.
1. The calculation of age is made from the
commencement date of employment other than application date. Where the foreign worker is under 20 years old, the document shall be attached.
2. If the legal representative is unable to attach passport, other document such as local ID or driving license which is enough to proof his/her identity shall be attached instead.
7 Education of foreign worker
1. Education attainment may be exempted for foreign workers having received the permit (Class G) from the Ministry of Labor by meeting the
requirements in Paragraph 2, Article 5 of examination standard. The application unit may be requested to submit education attainment on a case-by-case basis.
2. Where a foreign worker’s accumulated period of employment is over 91 days starting from one year prior to
1. Principally, the recognized document for education attainment of foreign worker shall be diploma, and certificate or transcript certificate issued by the school may be recognized in certain circumstance (graduation or degree date shall be specified).
2. For the degree made in Afghanistan, Algeria, Bangladesh, Bhutan, Burma, Cambodia, Cameroon, Cuba, Ghana,
29
the application day, the application unit shall attach evidentiary document of the foreign worker’s educational background.
3. The content below shall be reviewed:
(1) The foreign worker name in the certificate shall be
consistent with that in the list.
(2) The degree and graduation years shall be ensured (It shall be Bachelor, Master or above in accordance with
Subparagraph 2, Article 5 of Examination Standard).
(3) Those without a bachelor degree (according to
Subparagraph 4 of Article 5 of Review Standards) shall conform with one of below conditions:
A. Have been trained
professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.
B. Over 10 years of relevant work experiences and a recommendation letter (shall state the foreign worker’s job title, work content, period of employment and special contributions /
performances) from his / her (ex-) employer.
Iran, Iraq, Laos, Nepal, Niger, Nigeria, Pakistan, Senegal, Somalia, Sri Lanka, Syria, the Philippines, Thailand, Vietnam, Malaysia and Indonesia shall be verified by our missions. The
certificate of foreign worker work experiences issued by multinational company and certificate of degree which was recognized as that of foreign university or independent college by authority concerned at the central government level for foreign worker engaged in A11 academic research may not be verified (Explanation
No.1040508120 issued by the Ministry of Labor on the 21st of July 2015) 3. For the degree completed in
mainland China: shall be recognized by the Ministry of Education (website:
http://emhd.nchu.edu.tw/V MHD) and be processed in accordance with
Regulations Governing the Recognition of Educational Qualifications from
Mainland China. (For review principles, see Appendix 1)
4. For the education of foreign worker not under those required for verification mentioned above, the
30
Serial No.
Prerequisite
Documents Review Content Notes
employer will be asked for verification if necessary in accordance with Paragraph 3 of Article 7 of
Regulations on the Permission and Administration of the Employment of Foreign Workers.
5. The credits for a degree of a foreign worker obtained through distance education, whether the school is included in the list of the Ministry of Education, shall not be more than 1/2 of total graduation credits in accordance with
Regulations Regarding the Assessment and
Recognition of Foreign Academic Credentials for Institutions of Higher Education and
Implementation
Regulations Regarding Distance Learning by Universities (Executive Order No. 0950506890 on 15 December 2006 by Ministry of Labor).
6. The degree achieved:
Doctor, Master (called
“master’s degree” in Japan) and Bachelor. In addition, the degree of junior college in Japan or associate does not belong to the degree of Bachelor; an expert (or professional) degree in Russia is recognized as
31
Master before 1994 and Bachelor after 1994.
7. Diploma is only for proof of degree and the education system of located country shall be referred for
determination of education.
The website of Reference List of Foreign Universities by the Ministry of
Education is
https://www.edu.tw/bicer/c onsent .aspx?site_consent_s n=84 87. Please pay special attention that the degree certificate in European countries (especially in Germany) is harder to
identify the education level.
8. The format and signature of degree certificate will be verified to see if there is any abnormality or suspect of fraud.
9. Foreign workers who had a previous category G work permit in Taiwan and meet the reviewing criteria are submitting a re-employment application in Taiwan according to the provisions of Subparagraph 2, Article 5, may not be reviewed again.
8 Foreign Worker’s Work Experience(s)
1. Where a foreign worker’s period of stay is over 91 days starting from one year prior to the application date, the applicant shall attach
evidentiary documents of the
1. The meaning of “two years or more of work
experiences” in the Subparagraph 2, Article 5 of Review Criteria refers to the work experiences after
32
Serial No.
Prerequisite
Documents Review Content Notes
foreign worker’s experiences 2. Content to be reviewed are
shown below:
(1) The certificate of work experience shall be issued by the employed company or the document sufficient to prove employment.
(2) The working experiences shall include the foreign worker’s basic information, work content,work period, company name and company seal with officer signature or seal.
degree achieved. The internship or work-study during study shall not be counted. In addition, for those who entered public or filed private university or independent college and achieved Bachelor degree in accordance with Degree Conferral Law after
graduated from high school or occupational school and worked for several years, these work experiences are not relevant to the work and shall not be counted due to these work experiences were achieved before achievement of Bachelor degree, the professionalism at the sector at that time was not established (Explanation No.
0930201811 issued by the Ministry of Labor on the 19th of April 2004).
2. Foreign workers’ work experiences listed in Subparagraph 8-10 of Paragraph 1 of Article 46 of Employment Service Act shall not be counted (Letter No.1031810869 issued by the Ministry of Labor on the 15th of May 2014).
3. Foreign workers’ work experiences in Afghanistan, Algeria, Bangladesh, Bhutan, Burma, Cambodia, Cameroon, Cuba, Ghana, Iran, Iraq, Laos, Nepal,
33
Niger, Nigeria, Pakistan, Senegal, Somalia, Sri Lanka, Syria, the Philippines, Thailand, Vietnam, Malaysia and Indonesia shall be verified by overseas missions of Taiwan. The certificate of foreign worker’s work experiences issued by a multinational company, and academic and work
experience certificates of foreign workers engaged in Code 11 academic research that are issued by foreign university or independent college recognized by the authority concerned at the d central government level may not be verified (Explanation
No.1040508120 issued by the Ministry of Labor on the 21st of July 2015) 4. According to Article 7 of
Act Governing Relations between the People of the Taiwan Area and the Mainland Area, foreign workers’ work experiences in Mainland China shall be verified and recognized by the Straits Exchange Foundation.
5. Relevant work experiences refer to foreign worker’s work experiences within and outside Taiwan and shall be relevant to the scope and field of applied
34
Serial No.
Prerequisite
Documents Review Content Notes
job (for example, those engaged in English teaching at cram schools in Taiwan may apply for jobs of A10 publishing business such as writing, editing, translation and publication of foreign language
6. For unemployed individual workers of cultural and artistic creations such as director and writer, their work experiences may be recognized if they have works opened to the public and if their work
experiences may be found commonly on the internet despite the fact that they have no employed company to issue the certificate of work experiences.
9 Certificate(s) for foreign worker with specific
qualifications
Foreign worker engaged in
specialized or technical work shall acquire business qualification, conform to certain of employment methods and conditions, and correspond to regulations
stipulated by authority concerned at the central government level.
For example, those engaged in practice of physician shall obtain certificate of physician; those engaged in the operations and aviation of aircraft shall acquire qualifications of civil aviation pilot, possess valid examination certificate of the employer’s aircraft model and possess
qualified certificate of the medical examination of aviation personnel
35
issued by the domestic contracting entity.
10 Foreign juridical person shall provide certified document of appointing the contract work (refers to letter of
assignment)
1. Foreign juridical person’s name shall be consistent with that in attached contract
2. The name of appointed foreign worker shall be consistent with that on the attached passport 3. Date of assignment: the
document shall specify the period of dispatching the personnel to Taiwan. If only the commencement date is
specified or no specification is made at all, such information shall be provided depending on the conditions. However, the letter of assignment shall have the issuance date and must be issued in recent days. If the letter has been opened for a period of time, a new one shall be made accordingly.
4. Content of the appointed job:
the work content of appointed foreign worker shall be stated.
5. Shall be signed or sealed by the foreign juridical person
In principle, the letter of assignment shall be issued by the foreign juridical person.
However, if the foreign worker who comes to Taiwan to fulfill the contract is not hired by a foreign juridical person, it is still a must to request a foreign juridical person to provide a letter of explanation as a substitute of the letter of assignment. Such letter shall also specify items listed in the left column.
11 Contracts related to Out-sourcing, transaction or technology cooperation.
1. The contract period shall be valid during the period of fulfilling the contract 2. The name of the domestic /
foreign juridical person shall be consistent with that stated on the “Application of work permit for contracting foreign professionals”
3. Abovementioned contract shall be signed by domestic / foreign juridical person.
4. Those who are unable to
1. Applicable employment patterns are shown below:
(1) A contract concluded between “domestic juridical person” and
“foreign juridical person”: A typical employment pattern, where the domestic and foreign contractors shall both be a juridical person.
(2) A contract concluded
36
Serial No.
Prerequisite
Documents Review Content Notes
provide the contract due to trade secrets may also provide
“purchase order” and prospectuses signed by both parties (the content shall state important content such as the contract subject and period) as a substitute.
between “domestic juridical person” and
“foreign juridical
person’s branch office in Taiwan”: Branch office in Taiwan is the main body of a foreign company’s right and obligation, where the branch office in Taiwan shall sign a contract with the “domestic juridical person” on behalf of the foreign headquarters.
(3) A contract concluded between “foreign
juridical person’s branch office in Taiwan” and another “foreign
juridical person”: As “a foreign company, after having been given
certificate of recognition, shall have the same rights and obligations and shall be subject to the same jurisdiction of the authority as a domestic company, unless otherwise provided by law”
(Article 375 of Company Act), the branch office in Taiwan shall be
considered as the main body of domestic company’s right and obligation.
(4) A contract concluded between “foreign
juridical person’s branch
37
office in Taiwan” and another “foreign
juridical person’s branch office in Taiwan”: Either side of the “foreign juridical person’s branch office in Taiwan” shall sign the contract with a domestic juridical person (certified authorization is required) under the foreign juridical person’s authorization.
(5) A contract concluded between "foreign juridical person” and another “foreign
juridical person”: Where the contract is signed with the foreign headquarters and is applicable to worldwide branch offices and agencies, or signed by a foreign juridical person’s branch office established in Taiwan, representative office, an engineer office representative of a foreign juridical person (a branch office that has its purchase limited by the headquarters due to specific conditions shall be applied mutatis mutandis), the subject, content and location of the signed contract shall be sufficient to prove that the contract has been made for the
38
Serial No.
Prerequisite
Documents Review Content Notes
operations of the domestic company.
2. Non-applicable
employment patterns are shown below:
(1) A contract concluded between “foreign
juridical person’s branch office in Taiwan” and the headquarters of the same
“foreign juridical person”: The
employment shall not be formed if the branch office in Taiwan and the foreign headquarters belong to the same business entity as the employment shall be applied by the foreign juridical person’s branch office in Taiwan under an employment
relationship.
(2) A contract concluded between “foreign
juridical person’s branch office in Taiwan” and the branch office of the same group: The employment shall not be formed if the branch office in Taiwan and the foreign branch office belong to the same business entity as the employment shall be applied by the foreign juridical person’s branch office in Taiwan under an employment
relationship.
39
13 Certificate of authorized agent
1. An authorization letter shall be attached for foreign juridical person’s authorized agent.
2. Shall explicitly state the name of the authorized agent, content to perform the contract, and other works required to the application of foreign worker’s work permit
3. Shall be signed and sealed by the foreign juridical person.
The date of signature shall also be noted.
Exemption for
contract-fulfilling application unit under one of below conditions:
(1) Foreign juridical person’s branch office established in Taiwan;
(2) Foreign juridical person’s representative office established in Taiwan;
(3) Domestic contracting entity.
14 Personal identification document of the person in charge of the applicant company
If a domestic contracting entity is a chartered enterprise, it shall attach a photocopy of the ID card of person in charge. If the person in charge of the company is a foreigner, a photocopy of the person’s passport or resident certificate shall be provided instead.
1. The passport or photocopy of residence certificate shall be in validity during application.
2. It shall be consistent with the
person-in-charge-of-corps in the company registration (or institution
establishment certificate).
15 Certified documents of the application unit’s company (business) registration or institution establishment certificate
1. Foreign juridical person’s branch office established in Taiwan, foreign juridical person’s representative office established in Taiwan and domestic contracting entity shall attach certified documents of company or business
registration for juridical person qualified company / business.
2. Foreign juridical person’s representative office shall attach documents of personal ID card.
It should be noted whether the date of approving on the establishment (change) registration form is consistent with the establishment
(change) date of the Ministry of Economic
Affairs-Corporations
Information Inquiry System.
16 Certificate of the Registration of contract-concluding domestic / foreign
1. Domestic juridical person shall attach company / business registration, foundation / association certificates and
The re-confirmation of company information can be made at the Commerce Industrial Services Portal
40
Serial No.
Prerequisite
Documents Review Content Notes
juridical person other certificates. Those with commercial registration shall be confirmed with their qualifications as a juridical person (corporation is not considered as a juridical person)
2. Foreign juridical person registered in Taiwan as a juridical person shall attach the certificate(s).
website for the company’s registration form.
17 Permit, Business license or approval / registration
certificates
1. For foreign workers engaged in business of Code 01, 02, 03, 06, 07, 08, 09, 10-5, 10-6. 11, 12, and 15-3 the domestic contracting entity shall attach documents stated in this Subparagraph. For example, permit for construction enterprise, business license of the banking enterprise,
business license of bills finance companies, business license of the insurance enterprise, business permits for medical institutions, and approval / registration certificates of academic research institutes.
2. The name on the permit shall be the same as the domestic contracting entity.
3. The permit shall be within the validity, if any.
18 Certification
document issued by the internationally renowned culinary institute
Foreign workers employed to teach cooking in short-term cram schools under A15 shall submit the certification document.
(International licenses,see Appendix2)
19 International culinary license
41
20 Proof of work in foreign catering industry for five years or more 21 Proof of teaching in
the internationally renowned culinary institute for two year or more 22 Proof of good
conduct
1. Foreign workers employed to teach cooking in short-term cram schools under A15 for the first time shall submit proof of good conduct.
2. Proof of behavior of foreign nationals in the original passport country issued within the last six months of no sexual assault, sexual harassment, sexual exploitation, sexual bullying, or damage to children and juvenile rights.
3. The proof of good conduct is waived for foreign workers having received the full-time employment permit to teach foreign languages in short-term cram schools from the Ministry of Labor.
Other Regulations
Serial
No. Items Relevant Regulations and
Description Notes
1 Contract-fulfilling of independent
professionals
Article 11-3 of Regulations on the Permission and Administration of the Employment of Foreign Workers
1. In the event where a foreign worker works in the territories of Taiwan in accordance with Subparagraph 1 or 2, Paragraph 1, Article 46 of the Act for business lines which are open under a documented
international pact, the business entity which concludes the ocntract shall apply for a permit according to the requirements for Type A foreign worker(s) unless otherwise prescribed in the Act or these Regulations.
2. In the event where the business entity is a business entity located in the Free Economic Pilot Zones ("FEPZs") and is engaged in a business listed in Subparagraph 1 or 2, Paragraph 1, Article 46 of the Act in FEPZs, it needs not be restricted to the contract for the business lines allowed under
international treaties.
1. At the moment, New Zealand has signed the international written treaties.
2. Code 01 to Code 15 are under the range of business lines allowed under
international written treaties.
3. Prerequisite documents to be attached include:
(1) Application form (2) Other documents
requested by central competent authorities (3) Certificate of the
company / business registration. Specially permitted businesses shall attach a photocopy of the license and the ID card or passport of person in charge of the business.
(4) List of employed foreign workers
(5) Photocopy of the passport of the employed foreign worker.
(6) Photocopy of foreign worker’s graduation certificate or relevant evidentiary documents (foreign workers who enter Taiwan to be engaged in works stated in Subparagraph 2 of Article 1 of Article 46 of the Act are exempted from attaching graduation
43
certificate or relevant evidentiary documents).
(7) Foreign workers engaged in specialized / technical works or works of supervisors of business invested by overseas Chinese shall acquire practice license or meeting certain practice qualifications or
requirements, and
correspond to regulations stipulated by the central competent authority with jurisdiction.
2 During the period of work permit
Referring to the WTO commitment related to the Movement of Natural Person (each period of stay shall not exceed 90 days or the contract period and shall be referred to the one with shorter period. The validity of this kind of entry permit is 12 months) that Taiwan has signed with the world; the Ministry may issue a permit with a validity of maximum up to one year.
3 Statement of picking up in person
For those who wish to pick up in person, please fill in and submit the statement of picking up in person at the counter of Ministry of Labor. Registered mail is not accepted.
4 Principle of affixing with seal
For the copied document attached in the application, the words of
“in conformity with the original”
shall be noted with the seal of application unit and
person-in-charge.
44
Serial
No. Items Relevant Regulations and
Description Notes
5 Translation of document
The Chinese translation for documents submitted by the employer shall be attached if those documents are not made in Chinese.
(Lao-Dong-Fa-Guan-Zi Order No.
10505004241 dated March 18, 2016 by the Ministry of Labor)
