AP-107-V01
Operational Manual for Reviewing Employment Permit Application of Foreign Professional and Technical Workers (Points System for the Overseas Chinese and Foreign Students Graduating in Taiwan)
Published on January 2018
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Contents
1. Job Items and Description ... 2
2. Qualifications of Foreign Worker ... 10
3. Qualifications of Employer ... 15
4. Documents for Application ... 25
5. Supplementary Table of Points System for the Graduates or above of Overseas Chinese and Foreign Students in Taiwan – List of Documents for Application and Notices ... 44
6. Other Regulations ... 56
Appendix 1. Review Principles for Mainland China Education of Foreign Workers Applying for Employment Permit to Perform Professional and Technical Work...64
Appendix 2. Review Principles for Internationally Renowned Culinary Institutes and International Licenses of Culinary Instructors...………...…66 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.
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Category A professional and technical work –Points System for Overseas Chinese and Foreign Students Graduating in Taiwan
1. Job Items and Description:
(1) Items
a. Construction and maintenance or architecture techniques (code 01) b. Transportation (code 02)
c. Finance and taxation (code 03) d. Real estate agency (code 04) e. Immigration service (code 05)
f. Attorney or patent attorney (code 06) g. Technician (code 07)
h. Healthcare (code 08)
i. Environmental protection (code 09)
j. Cultural, sports and recreational services (code 10) k. Academic research (code 11)
l. Vet (code 12)
m. Manufacturing (code 13) n. Wholesale (code 14)
o. Other works designated by central competent authority after consultation with the central supervisory authority (code 15)
(a) Foreign workers engaged in management, design, planning or
consultation in the professional, scientific or technical service business.
(b) Foreign workers worked as cook in the dining business.
(c) Foreign workers teaching cooking in short-term cram schools established
3 by corporations.
(2) Description:
Code Job Item Detailed Description Review Principles
A01 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. The category and job item based on foreign worker’s job description that employer fills in the application form shall be met with regulations of review criteria.
2. The job item filled in the application form shall be determined by foreign worker’s job description and business item of employer. For foreign worker’s job involved with more than two items, application shall be based on main business item of employer. (e.g.: Foreign worker’s job is
management and applicable to both manufacturing and wholesale business, so the application shall be
determined by the business with larger annual
turnover.)
3. In accordance with the Article 11.3 of Regulations on the Permission and Administration of the Employment of Foreign Workers, the foreign
worker engaging in the jobs in accordance with the Subparagraph 1 or 2, Paragraph 1, Article 46 shall achieve practice qualification. For those A02 Transportation
1. Work relevant to
transportation business
1-1 Planning, design, supervision, consultation, operation and maintenance of railroad, road or mass rapid transit project.
1-2 Installation, maintenance, technical instruction, test and operation of passenger or cargo transportation machinery on the railroad, road or mass rapid transit imported from abroad or
manufactured by foreign business in the country.
1-3 Inspection and verification of machinery purchased from abroad and any work which can help to improve R&D of transportation techniques..
2. Work relevant to shipping and aviation
transportation business
2-1 Planning, design, supervision and evaluation of harbor, dock and pier.
2-2 Management of commercial harbor facilities and salvage business, building, maintenance, installation, technical instruction, test and operation of machinery as well as any work which can help to improve R&D of harbor operation techniques..
2-3 Building and maintenance of ship, container and car frame as well as any work which can help to improve R&D of technology.
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2-4 Training and management of personnel engaged in the maritime business as well as any work which can help to improve development of maritime business.
who meet certain practice method and condition, they shall meet laws and
regulations of the Central Competent Authority with jurisdiction as well. If occupational license or certificate issued by our country is required by the job items applied by the foreign worker, his
qualification and job shall meet laws and regulations of the Central Competent Authority with jurisdiction.
4. For those foreign workers engaged in shipping or trial flight of aircraft, aircraft pilot training, aircraft aviation, pilot of general aviation business in the country and visa relevant to aircraft engine, body or communication electronics, the application shall be submitted under A02 transportation business (maritime and aviation transportation business).
However, the application for the trainer job of Article 13 of Review Criteria of Employment from Training Institution unmet Civil Aviation Qualification shall be submitted under A15.
5. The employment of
non-tethered hot-air balloon pilot shall follow the
Article 17 and 18 of Review Criteria. If the employer is general 2-5 Planning and construction of
civil aviation station and aviation aid facilities.
2-6 Purchase and maintenance of aircraft as well as inspection and technical instruction of civil
aviation facilities which can help to improve R&D of aviation
techniques.
2-7 Personnel training,
management, shipping and trial flight of aircraft, pilot, pilot training and operation of aviation business as well as any work which can help to improve development of aviation business (pilot of non-tethered hot-air balloon included).
3. Work relevant to postal business
3-1 Planning, design examination and construction supervision of postal machinery and equipment system.
3-2 Inspection and instruction of production technology of postal material and equipment purchased from abroad which can help to improve development of postal technology.
3-3 Research, design, technical support and maintenance of postal machinery and equipment as well as postal personnel training.
4. Work relevant to
telecommunicat ions business
4-1 Planning, design and construction supervision of telecommunication project.
4-2 Inspection, manufacturing and technical instruction of
telecommunication equipment
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purchased from abroad that can help to improve R&D of
telecommunication technology.
aviation provider, the application shall be submitted under A02. The employer of hot-tethered hot-air balloon pilot without qualification of general aviation provider shall submit application under A15.
6. The job definition of A02 transportation business (tourist hotel business) and A15 (restaurant business) cook is as below (in accordance with Standard Industrial Classification by Directorate-General of Budget, Accounting and Statistics, Executive Yuan):
(1) Executive Chef: his/her work is to supervise and plan events relevant to cooking in the dining places as well as design menu and creative dishes. Cooking is not included.
(2) Chef: the person engages in cooking in the hotel, restaurant and other places. Those who engage in simple food preparation or preparing fast food in advance are not included (e.g.:
Commis III and Assistant Cook).
4-3 Research, design, technical support, technical instruction and maintenance of telecommunication equipment.
4-4 Training of telecommunication personnel.
4-5 Design and technical support of telecom value-added network.
4-6 Planning, design, supervision and instruction of radio technology and equipment of radio and
television.
5. Work relevant to tourism business
5-1 Management, tour guide and tour leader of tourist hotel, hotel and tourism business as well as any work which can help to improve R&D of tourism skill.
5-2 Operation and cooking skill of tourist hotel and hotel business which was lacked in the country.
5-3 Planning, development and operation of sightseeing or amusement area.
6. Work relevant to meteorology business
6-1 Information collection,
research, determination, treatment, supply and exchange of
international meteorology, seismology and marine meteorology.
6-2 Technical research and instruction of meteorology, seismology and marine meteorology.
6-3 Inspection, maintenance and technical instruction of
meteorological, seismic and marine meteorological equipment
purchased from abroad that can help to improve R&D of
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meteorological, seismic and marine meteorological technology.
6-4 Cultivation and training of meteorological, seismic and marine meteorological technician as well as the fact identification of meteorology, seismology, marine meteorology, volcano and tsunami.
7. Planning and management relevant to the businesses above
Planning and management of items above.
A03 Finance and taxation
1. Work relevant to securities and futures business
1-1 Planning, research, analysis, management or new technology introduction of securities as well as finance and securities business.
1-2 Transaction, investment,
analysis, finance and business audit or new technology introduction of futures.
2. Work relevant to financial business
Financial business: deposit, credit, investment, trust, foreign exchange and other relevant financial
business identified by central competent authority after consultation with central supervisory authority as well as planning, research, analysis, management and consultation of businesses above.
3. Work relevant to insurance business
Insurance business: claim, underwriting, actuarial science, investment, information, reinsurance, agency, brokerage, training, notary, engineering, risk management or new technology introduction of life and property insurance.
4. Work to assist Work to assist treatment of
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treatment of accounting issues
accounting issues.
5. Work to treat business regulated by Certified Public Accountant Act
Work to treat business regulated by Certified Public Accountant Act.
A04 Real estate agency Perform real estate agency or consignment business.
A05 Immigration service
1. Consultation and agency business of immigration funds relevant to investment
immigration and subject to protection of immigrant rights.
2. Other consultation businesses relevant to immigration.
A06 Attorney or patent attorney
A07 Technician
A08 Healthcare 1. 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.
2. Other medical professionals or technicians identified to be recruited for medical and health business by central competent authority after consultation with central supervisory authority.
A09 Environmental protection
1. Talent training 2. R&D of technology 3. Installation, operation and
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maintenance of pollution prevention machinery.
7. A10 cultural, sports and recreational services:
(1) For the foreign worker who was recruited to Taiwan for A10 sports training instruction, his/her instruction objects shall be relevant technicians (e.g.: seeds teachers, artists).
Relevant sports training courses directly to the public are not allowed.
(2) For reporters who were sent to Taiwan by foreign media without 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.
A10 Cultural, sports and recreational
services 1. Work of
publishing business
Management of newspaper, magazine and book as well as writing, editing, translation and publication of foreign articles;
management, production,
arrangement and new equipment and technology introduction of audio publication.
2. Work of movie business
Production, editing, directing, art, promotion, management or new technology introduction of movie.
3. Work of wireless, cable and satellite radio and television business (program supply business included)
Planning, production, writing in foreign languages, editing,
broadcasting, directing, presiding, management or new technology introduction of program.
4. Work of arts and sports services business
Creation and review of literature, management of cultural events, brokerage of artists and models, management of sport venue, sports referee, sports training instruction or planning of sports events.
5. Work of library and archive business
Collection and maintenance of a variety of information as well as information preservation by photo, map, tape, video and other forms or information management.
6. Work of museum, historic site and other cultural assets
preservation
Preservation, maintenance, display, exhibition, education or
management of a variety of cultural assets or other assets with cultural preservation value
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institutions
8. A11 academic research: For employers who are college or above or academic research institution or teaching hospital approved in accordance with law by central supervisory
authority, their foreign worker employment application for research shall be submitted under A11. However, foreign scholars come to Taiwan for research on their own or with professors in our country based on foreign budget may not apply for permit.
9. Where there is any concern that the work of foreign worker applied by employer is similar with that of blue-collar, county and city government will be invited to visit or a consultation will be initiated.
7. Work of recreational services business
Operation and management of amusement park business.
A11 Academic research A12 Vet
A13 Manufacturing Management, research, analysis, planning, design, planning, maintenance and repair,
consultation, machinery installation and technical instruction.
A14 Wholesale Management, design, planning and technical instruction.
A15 Other works designated by central competent authority after consultation with the central supervisory authority
1. Management, design, planning or consultation of professional, scientific or technical services business.
2. Cook in the dining business.
3.
Cooking instructor in short-term cram schools established by
corporations.
10 2. Qualifications of Foreign Worker
Serial No.
Qualifications Relevant Laws and Regulations Review Principles
1 General
qualifications
1. Application period and permit quota:
(1) The permit quota is 2,500 from 1 January 2018 to 31 December 2018.
(2) Those foreign students, overseas Chinese students and other Chinese
students (hereinafter referred to as overseas Chinese and foreign students) receiving employment permit by points system shall not be counted in the quota of the preceding two items.
(Please see
Announcement No.
10605214751 on 3 January 2018 by the Ministry of Labor for reference.)
2. Overseas Chinese and foreign students with Bachelor degree or above and 70 points or more (Article 5-1 of Review Criteria). Among the 8 items in the points system, all documents shall be assessed by points except that the diploma of Bachelor degree or above which was
achieved in Taiwan is required.
3. Please refer to the supplementary table of points system for the overseas Chinese and
1. Graduate of any year is acceptable.
2. The Ministry of Labor shall review those applications by order of receipt date and grant employment permit within the permit quota. The qualified application applied in the date of full quota may be approved.
(The usage of permit quota and due date from full quota will be published in time at:
www.wda.gov.tw/ latest news.)
3. For any incomplete application,
(1) it shall be completed within required period and may apply for extension once within one month if it can’t be completed before due date. For incomplete application without submitting supplemental documents, it shall be re-submitted if employment is still required.
(2) If permit quota is full during required period, the employment permit shall not be issued. For any application with
employment requirement, it shall be treated in
accordance with the regulation of Review Criteria of Employment of Foreign Professional.
4. The quota of employment
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No.
foreign students graduating in Taiwan – List of
documents for application and notices.
permit is based on the number of approved foreign workers.
If the employer terminates employment contract earlier, the issued quota shall not be released for application. The application of employment permit from new employer of overseas Chinese and foreign students who receive
employment permit may not be listed in the permit quota.
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 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
1. The professional qualification or certificate required for the foreign worker shall be identified based on each subparagraph.
2. The certificate, valid test certificate and medical certificate of the foreign worker listed at left side engaged in tour guide, tour
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No.
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 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 working experiences relevant to aircraft maintenance or related technical areas.
3. The personnel of real estate brokerage in Article 22 shall achieve real estate broker
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.
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No.
certificate issued by
municipality or county (city) competent authority or real estate broker certificate issued by the institution or group designated by central supervisory authority.
4. The personnel of immigration businesses 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.
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 central supervisory authority in accordance with
Professional Engineers Act.
8. The personnel at medical 4. The application for the
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No.
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.
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.)
15 3. Qualifications of Employer
The employer who recruits foreign workers to engage in professional and technical work shall meet the three conditions below at the same time; the employer who recruits foreign spouses of foreign workers residing in company with the foreign workers to engage in part-time work shall meet the conditions in (1) and (2) below:
(1) The salary of foreign worker employed by the employer shall be equal to the amount announced by Ministry of Labor or above.
(2) The employer who shall meet the professional and technical work regulations for each business or sector (e.g.: the employer of cultural, sports and recreational services shall include publishing and movie business in the operation registration items in the company registration form.) and recruits foreign workers to engage in A1, A2, A3, A6, A7, A8, A9, A10 (Subparagraph 5 and 6, Article 31 of Examination Standard), A11, A12, and A15 (cooking instructor in short-term cram schools established by corporations) work shall receive permit, practice license or filing approval issued by supervisory authority.
(3) The employer shall be subject to the relevant regulations of examination standard respectively by the conditions below:
a. The employer who recruits foreign workers to engage in A4, A5, A9, A10 (Subparagraph 1, 2, 3, 4 and 7, Article 31 of Examination Standard), A13, A14 and A15 work shall meet one of the conditions below (Article 36 of Examination Standard):
(a) The capital/ turnover/ import and export performance/ agency commission of local company shall reach certain standard.
(b) The capital/ turnover/ import and export performance/ agency commission of Taiwan subsidiaries of foreign or mainland China company shall reach certain standard.
(c) Foreign or mainland China company sets up office in Taiwan with work performance.
(d) R&D center or corporate head office approved by central supervisory authority.
(e) Making substantial contributions to local economic development or recognized by central competent authority after consultation with central supervisory authority for special condition.
For consultation based on (e), please refer to “5. Other Regulations – Project Consultation”
for consultation regulations.
b. The employer who recruits foreign workers to engage in professional or technical work and is foundation, association, administrative corporation or international non-government organization shall meet Article 37 of Examination Standard.
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(1) Regulations for the salaries of employed foreign worker
1. Points System for the Overseas Chinese and Foreign Students Graduating in Taiwan is not subject to the currently announced monthly average payroll.
2. The foreign spouses of foreign workers employed to perform the work prescribed in
Subparagraphs 1~6, Paragraph 1, Article 46 of the Act, who reside in company with them shall receive an average hourly salary of no less than NT$200 for part-time work prescribed in Article 4 of examination standard.
(Announcement
Lao-Dong-Fa-Guan-Zi No.
10605154981 dated August 14, 2017 by the Ministry of Labor)
Although point system is not subject to the currently announced monthly average payroll, the minimum payroll of the business applicable to Labor Standards Act shall not be less than that announced in the Labor Standards Act.
(2) The business
employer required to correspond and additional permit, practice license or filing approval he/she required to achieve
Review criteria:
1. The employer shall have one of the following qualifications when hiring foreign workers to engage in construction
business (A01, Article 9):
(1) The construction company with permit and
registration issued by the Competent Authority with jurisdiction.
(2) Achieved architect business certificate and 2 years or more of
construction experiences.
2. The employer who hires foreign workers to engage in transportation business shall achieve certificate of business operation issued by the Central
1. The 2 years or more of construction experiences in Article 9 refer to the working experiences after the employer achieved business license.
2. The license which was issued by local
government such as hotel or bed and breakfast license issued by county
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Competent Authority with jurisdiction (A02, Article 10).
3. Finance and taxation (A03, Article 21):
(1) The employer who hires foreign workers to engage in securities, futures, finance, insurance and accounting business shall achieve certificate of securities, futures, finance or insurance business operation issued by the Central Competent Authority with jurisdiction.
(2) The employer who hires foreign workers to engage in business regulated in the Certified Public
Accountant Act shall achieve the practice
registration of accountant.
4. The employer who recruits foreign workers to engage in immigration service shall be the immigration service provider (A05, Article 23).
5. The employer who hires foreign workers to engage in attorney shall be attorney of R.O.C. or solicitor of foreign law (A06, Article 25).
6. The employer who hires foreign workers to engage in patent attorney shall be patent attorney firm and patent attorney of R.O.C., attorney of R.O.C. or patent agent of R.O.C. (A06, Article 25-1).
7. The employer who hires foreign workers to engage in
(city) government shall not be recognized as the permit issued by the Central Competent Authority with jurisdiction for
transportation business in Article 10.
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technician business shall have registration certificate of engineering and technology consulting firm or certificate of engineering and technology business operation issued the Competent Authority with jurisdiction (A07, Article 26).
8. The employer who hires foreign workers to engage in the medical institution shall be medical institution, nursery institution, pharmaceutical firm and pharmacy, health
foundation or other institutions recognized by the Central Competent Authority after consultation with the Central Competent Authority with jurisdiction (A08, Article 28).
9. The employer who hires foreign workers to engage in environmental protection shall be environmental inspection agency, waste water processing service provider, building sewage treatment and facilities cleaning agency, waste
clearance agency or other agencies recognized by the Central Competent Authority after consultation with the Central Competent Authority with jurisdiction (A09, Article 30).
10. Cultural, sports and recreational services (A10, Article 31):
(1) The employer who hires foreign workers to engage in management of
newspaper, magazine and
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book, writing, editing, translation and publication of foreign articles as well as management,
production, arrangement and new equipment introduction of audio publication shall be in publishing industry.
(2) The employer who hires foreign workers to engage in production, editing, directing, art, promotion, management or new technology introduction of movie shall be in movie industry.
(3) The employer who hires foreign workers to engage in planning, production, writing in foreign languages, editing, broadcasting, directing, presiding, management or new technology
introduction of program shall be in wireless, cable and satellite radio and television industry.
(4) The employer who hires foreign workers to engage in creation and review of literature, management of cultural events, brokerage of artists and models, management of sport venue, sports referee, sports training instructor or planning of sports events shall be in cultural and sports service industry.
(5) The employer who hires
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foreign workers to engage in the library and file preservation shall achieve certificate of library or file preservation business operation issued by the Competent Authority with jurisdiction.
(6) The employer who hires foreign workers to engage in the museum, historical site and other culture assets preservation shall achieve certificate of museum or historical site business operation issued the Competent Authority with jurisdiction.
(7) The employer who hires foreign workers to engage in operation and
management of
amusement park shall be in recreational services industry.
11. The employer who hires foreign workers to engage in research shall be college or above or academic research institution or teaching hospital approved by the Central Competent Authority with jurisdiction in accordance with law (A11, Article 32).
12. The employer who hires foreign workers to engage in vet shall be practice institution of vet or other institutions recognized by the Central Competent Authority after consultation with the Central Competent Authority with
21
jurisdiction (A12, Article 33).
13. They employer who hires foreign workers to engage in operation, management, research, analysis, design, planning, maintenance, consultation, machinery installation and technical instruction of manufacturing business shall be in
manufacturing industry (A13, Article 34).
14. The employer who hires foreign workers to engage in operation, management, design, planning and technical instruction of wholesale business shall be in wholesale industry (A14, Article 35).
15. The employer who hires foreign workers to engage in which is one of the job designated by Central Competent Authority after consulting with the Central Competent Authority with jurisdiction.
(1) The employers of foreign workers cooking in dining business shall be in dining business.
(2) The employers of foreign workers teaching cooking shall be cram schools established in accordance with the Supplementary Education Act and have signed a contract with internationally renowned culinary institutes.
(A15, Subparagraph 15, Article 4).
3. The employers of foreign workers employed to teach cooking in accordance with
Paragraph 14, Article 4, shall be corporations (application subject) established in accordance with the Company Act, and the workplace shall be the cram schools
22
subordinate to the corporations.
(3)-1 Regulations for capital,
turnover and work
performance
1. Local company:
(1) Established less than 1 year:
a. NTD$5 million or more of paid-in capital.
b. NTD$10 million or more of turnover.
c. USD$1 million or more of import and export
performance.
d. USD$400,000 or more of agency commission.
(2) Established more than 1 year:
a. NTD$10 million or more of turnover for the recent year or average turnover for previous three years.
b. USD$1 million or more of average import and export performance.
c. USD$400,000 or more of average agency
commission.
2. The subsidiary of foreign and mainland China company in Taiwan: same as those of local company.
3. The representative office:
work performance in Taiwan.
4. Organizations making a substantial contribution to domestic economic
development or recognized by the central competent authority in consultation with the central competent authority in charge
The performance certificate of representative office includes such documents as technical cooperation, contract or trade agreement, negotiation and bill with clients.
23
of related business due to special circumstances.
5. Employers not meeting the requirements in the aforesaid Paragraphs 1, 2, and 3 may propose the consultation mechanism according to the regulations in Paragraph 4. (See 5. Other Regulations - Ad-hoc consultation)
6. The foreign spouses of foreign workers employed to perform work prescribed in
Subparagraphs 1~6, Paragraph 1, Article 46 of the Act,
residing in company with them may perform part-time work prescribed in Article 4 of examination standard without being subject to the aforesaid restrictions on capital,
turnover and performance.
R&D center or corporate head office approved by the Central Competent Authority with jurisdiction
Receiving Official Letter of certifying the Scope of Corporate’s Operation Head Office or Official Letter of approving Local and Foreign Corporate to Set Up R&D Center in Taiwan issued by the Ministry of Economic Affairs.
The validity period of Official Letter of certifying the
Corporate’s Operation Head Office is generally 3 years. It shall be still valid during application.
(3)-2 Foundation, association, administrative corporation or international non-government organization
1. Foundation: NTD$10 million or more of establishment fund for those foundations
established less than 1 year and NTD$5 million or more of business expenses for the recent year or average
business expenses for the last
The International Non-government
Organization indicates the employer who receives the establishment document or certificate issued by the Central Competent Authority with jurisdiction.
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3 years for those foundations established more than 1 year.
2. Association: Members shall be 50 or more.
3. Administrative corporation:
Administrative corporation established by law.
4. International non-government organization: The office, secretariat, head office or branch approved to set up in Taiwan by central supervisory authority.
5. For foreign workers employed to perform work prescribed in Subparagraphs 1~6, Paragraph 1, Article 46 of the Act, their foreign spouses residing in company with them may perform party-time work prescribed in Article 4 of examination standard without being subject to the aforesaid restrictions on capital,
turnover and performance.
25 4. Documents for Application
Serial No. Documents Review Content Notice
1 Original receipt
of examination fee
1. Information on receipt of the examination fee shall be specified in the application form, so receipt of the examination fee may be exempted. However, it shall be subject to the case and the employer may be asked to attach it. (Announcement No.
10405118501 on 23
September 2015 by Ministry of Labor)
2. Examination fee is NTD$500.
1. The review 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 review fee only.
2. The new employment and extension shall not be treated as one application.
Applicant shall apply separately and pay the supplementary review fee.
3. Those who apply for information change do not need to pay review fee.
Those who withdraw application will not be refunded.
4. Those who overpay or underpay review fee or do not pay it at post office will be asked to repay it in accordance with
regulations.
5. The refund method for overpaid (mistakenly paid) review fee: The employer will be asked to fill out application form, check refund type and attach original receipt of overpaid (mistakenly paid) review fee for refund.
6. For profit-seeking
enterprises or businesses paying the examination fee for the employment
26
Documents Review Content
permit of a foreign worker by postal deposit slip in accordance with the Letter
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 of
employment of foreign
professionals (points system for the overseas Chinese and foreign students graduating in Taiwan)
1. The fields in the application form such as category, job item, unit name of application, unified business no. of
application unit, owner, unit address, mailing address, contacts, receipt of
examination fee, as well as specific reasons for
employment and positive benefits of foreign worker employment (extension application excluded) must be completed.
2. 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.
3. 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.
4. The seal of unit and owner shall be affixed.
1. The application form of new employment and extension shall be filled up separately.
2. The field of positive benefits of foreign professional employment shall be specifically entered and relevant to the work. The extension application is excluded. In addition, the field of positive benefits in the application of new
employment for researcher in A11 academic research and under the program of the Ministry of Science and Technology with its approval letter may not be entered.
3. The employer will be asked to complete the
application if the required fields are not completely filled up.
3 List of
employed foreign workers (points system for the overseas Chinese and
1. The field in the list such as name of application unit, unified business no., name, gender, nationality or area, date of birth, passport number, employment period,
1. The field of occupational classification code may not be entered.
2. Point system is not subject to the currently announced monthly
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foreign students graduating in Taiwan)
education, monthly (hourly) or session salary, title, work and address in Taiwan, and information on foreign professionals must not be empty and the photo of foreign worker must be attached.
2. The personal information shall be correctly entered based on passport or travel document.
3. The period of work shall be consistent with or less than that of contract.
4. The salary shall be consistent with the employment contract and the regulations governing the employment of foreign workers (see page 16 for details).
5. The address in Taiwan shall be consistent with that in the corporate business
registration.
6. For the field obtained permit of points system: Please check and actually enter the first permit number if the foreign worker obtained permit by points system.
7. The seal of unit shall be affixed.
average payroll, the minimum payroll of the business applicable to Labor Standards Act shall not be less than that announced in the Labor Standards Act.
3. 1” or 2” and color or black photo are all acceptable. The photo which was printed along with the list shall be clear and identifiable.
4. The employer will be asked to provide documents such as the copy of factory
registration, operation facility registration or lease contract for proof when the address is inconsistent with that in the business registration.
4 Evaluation sheet
of employment of overseas Chinese and foreign students graduating in Taiwan
1. Make sure that each field was correctly filled and the seal was affixed.
2. Review its documents for review based on checked items.
1. Those foreign workers who receive permit by points system and re-apply it afterwards (extension or employed by other employers) shall be re-evaluated. New points shall be compared with previous points for each item. If the points for the item were increased, supporting information shall be attached. It may be exempted for those items
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without point change.
2. For application
documents for evaluation item, please refer to 6.
Supplementary Table of Points System for Overseas Chinese and Foreign Students Graduating in Taiwan – List of Documents for Application and Notices.
5 Passport or
resident certificate photocopy of employed foreign worker
1. The passport or resident certificate shall be valid at the commencement date of employment.
2. The information page shall be complete, clear and
identifiable.
3. It is not opened for the resident of mainland China to work in Taiwan except those from Hong Kong and Macau.
4. When foreign spouses residing in company with foreign professionals are employed to perform part-time work, they shall submit the copy of a valid dependent alien resident certificate issued by the immigration authority.
1. Principally, the document with words such as travel document, identify
certificate or not passport will not be recognized.
However, for minority of Ukraine, the copy of passport shall 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 resident 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 previous application because of passport replacement, only the photocopy of new passport shall be attached.
4. If the passport number was changed after issuance of approval letter, the
application of information change shall be made separately.
6 Consent
document of legal
For foreign worker under 20 years old, legal representative consent and his/her passport shall be
1. The calculation of under 20 years old is made from the commencement date
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representative attached. of employment other than
application date. For foreign worker under 20 years old, the document shall be attached.
2. If legal representative couldn’t attach passport, other document such as local ID or driving license which is enough to proof his/her identity can be alternative one.
7 Education of
foreign worker
1. The foreign worker name in the certificate shall be
consistent with that in the list.
2. Make sure that the foreign worker achieved Bachelor degree or above in Taiwan.
1. Foreigners acquired a bachelor degree (or above) in Taiwan are qualified.
Those who earned a higher degree abroad after
graduated in Taiwan can submit that diploma to obtain more scores.
2. 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).
3. Those who earned a higher degree abroad after
graduated in Taiwan can submit that diploma to obtain more scores.
(1)For the degree made in Afghanistan, Algeria, Bangladesh, Bhutan, Burma, Cambodia, Cameroon, Cuba, Ghana, Iran, Iraq, Laos, Nepal, Niger, Nigeria, Pakistan, Senegal, Somalia, Sri Lanka, Syria, the Philippines,
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Thailand, Vietnam, Malaysia and Indonesia shall be verified by our missions. The
certificate of foreign worker working experiences issued by multinational company and certificate of degree which was recognized as that of foreign university or independent college by central supervisory authority for foreign worker engaged in A11 academic research may not be verified
(Executive Order No.
1040508120 on 21 July 2015 by the Ministry of Labor).
(2)Academic diploma issued in Mainland area will suffice only when the school is on the List of recognized
universities published by the Ministry of Education (web address：
http://emhd.nchu.edu.t w/VMHD), and will be reviewed and
recognized as to the criteria of “Regulations Governing the
Examination and Recognition of Educational
Qualifications from Mainland Area”. (For review principles, see Appendix 1)
(3)For the education of
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foreign worker not under those required for verification mentioned above, the employer will be asked for verification if necessary in accordance with Paragraph 3, Article 7 of Regulations on the Permission and Administration of the Employment of Foreign Workers.
(4) 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).
(5) The degree achieved:
Doctor, Master (called
“Xiu Shi” in Japan) and Bachelor; in addition, please pay special attention that the
degree of junior college
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in Japan or associate does not belong to the degree of Bachelor; an expert (or professional) degree in Russia is recognized as Master before 1994 and Bachelor after 1994.
4. 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
www.edu.tw/bicer/consent .aspx?site_consent_sn=84 87. Please pay special attention that the degree certificate in European countries (especially in Germany) is harder to identify the education level.
5. The format and signature of degree certificate will be verified to see if there is any abnormality or suspect of fraud.
8 Employment
contract
1. Content of employment
contract: The name, job title or description (sufficient to identify the scope of work actually performed by the foreign worker), employment period and salary of employed foreign worker shall be
specified with signature of employer and employee.
2. Title and work: they shall meet the job of foreign professional.
3. Employment period:
1. The work of foreign worker shall meet Article 4 of Examination
Standard.
2. If the payroll is the sum of a variety of allowances such as overtime pay, performance bonus and annual bonus to achieve monthly announcement standard, the detail payroll structure shall be listed.
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(1) The application work period shall not be longer than the employment period. In case of any discrepancy, the work period of the application shall prevail.
(2) The contract shall specify the start date of
employment or that the contract shall take effect upon the Ministry of Labor’s approval of the employment permit according to the Civil Code (however, the work period of application in the list of foreign workers shall specify the start date of employment).
4. Salary: is not subject to the currently announced monthly average salary, the basic wage of the business applicable to the Labor Standards Act shall not be less than that
announced in accordance with the Labor Standards Act.
3. School shall attach letter of appointment with specification of
employment period and provide certificate of payroll standard (e.g.:
approval letter of Ministry of Science and
Technology) if it does not have employment
contract.
4. The employment contract or the document of assignment to Taiwan branch that the foreign worker signed with foreign head office can be deemed as employment contract and local application unit (branch) may not need to enter additional contract with the foreign worker.
5. The labor contract shall meet regulations of R.O.C. Any labor contract against them shall be invalid.
6. Considering the diverse types of service, contractual documents submitted by employers in association with
employment, appointment or contract shall be
approved. To implement employers’
responsibilities under the Labor Standards Act, the Ministry of Labor adds the following instructions to the letter of approval:
“Employers and foreign workers shall follow the regulations of other applicable laws, if any, during the review and
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issuance of the employment permit.”
9 Salary
withholding certificate (tax withheld at source
included) (may be exempted)
1. The salary withholding certificate may be waived due to the data transfer from the Ministry of Finance.
However, the employer may be subject to the case
circumstance and be asked to provide it (Announcement No. 10405118501 on 23 September 2015 by Ministry of Labor).
2. Based on the indirect information from the Ministry of Finance, the name and unified business no., of withholding unit, name of income recipient and total payment shall be
ensured.
3. The year on the information shall be examined:
(1) New employment: Salary withholding certificate may be exempted
principally. However, the employer may be asked to attach the salary
withholding certificate for previous year or the recent year or the local
government may be invited to have a field visit if there is any doubt for the application.
(2) Extension: The employer’s salary withholding
certificate for previous year or the recent year shall be attached. The
“previous year or the recent year” mentioned above shall be identified by return period. For
1. For extension application, the total foreign worker payment shall be ensured.
If it is less than average monthly salary (see page 16 for details), the employer shall provide description and attach relevant supporting document. If no income occurred in Taiwan or local income doesn’t meet the regulation, proof of offshore payment shall be attached. The Central Competent Authority with jurisdiction will be asked to provide review opinion when necessary.
2. When the employer is required to attach salary withholding certificate, the list of income or consolidated income tax electronic return or receipt specifying the salary paid to the foreign worker may be
recognized as well.
3. According to the
regulation of tax law, for those who stay in Taiwan fewer than 183 days at previous year shall take tax withheld at source with seal verification by national taxation bureau.
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example,
a. The employer who submits employment application from 1 January to 31 December 2015 shall attach 2013 or 2014 salary withholding certificate.
b. The employer who submits employment application after February 2015 shall attach 2014 salary withholding certificate.
10 Certificate of owner identity
1. The photocopy of ID. The owner of association shall attach valid certificate of election.
2. For the owner who is a foreigner, his/her passport or photocopy of residence
certificate shall be provided.
1. The passport or
photocopy of residence certificate shall be in validity during application.
2. It shall be consistent with that in the company registration (or institution establishment certificate).
11 Company
registration (business registration) or institution filing registration
1. Government agency and public school may not attach it.
2. For those companies which shall attach establishment (change) registration form:
(1) Whether the company name is correct.
(2) Date of approving establishment::
a. Established less than 1 year: examine paid-in capital or turnover.
b. Established over 1 year:
examine turnover, import or export performance or agency commission.
c. Private association or corporation shall attach filing or registration certificate.
d. For those who submit application for the first
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time, allocation notice of unified business number shall be attached to ensure its correctness.
12 Permit, practice license or filing approval
1. The employer under A1, A2, A3, A6, A7, A8, A9, A10-5, A10-6, A11 or A12 shall attach this document. For example, permit of construction business, operation license of banking business, operation license of securities business, operation license of insurance business, practice license of medical institution and registration approval certificate of
academic research institution.
2. The name in the permit shall be consistent with that of application unit.
3. The permit specified with validity shall still be valid during application.
13 These
certificates listed in Article 36 of Review Criteria (capital, turnover and performance)
1. Due to the data transfer from the Ministry of Finance, the certificate of turnover may be waived for the application dated 1 September at the year to 31 May of the following year. However, the employer may be subject to the case and asked to attach it
(Announcement No.
10405118501 on 23
September 2015 by Ministry of Labor).
2. For new employment and extension application, one of the following documents shall be examined to ensure the name, unified business no., year and amount of
application unit meeting the standard:
(1) Capital:
a. Attach company
According to the Letter Explanation on 13 February 2012 by Ministry of Finance, triangular trade is not the item under monthly 401 statement.
Due to it is required to be counted in the calculation of business tax, turnover shall be recognized firstly. However, the provision for reservation of administrative abolishment right was noted in the
approval letter of
employment application in accordance with
Subparagraph 3 and 4, Paragraph 2, Article 93 of Administrative Procedure Act. The employer shall submit to Ministry of Labor for reference within 15 days after the due date of business tax return at the year. Any
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establishment (change) registration.
b. The company shall be established less than 1 year.
c. NTD$5 million or more of the specified paid-in capital.
(2) Turnover:
a. Examine annual
profit-seeking enterprise income tax return (income and tax calculation sheet) or Declaration of Sales and Business Tax (401, 402, 403 or 405
statements) which was returned monthly (bi-monthly).
b. The information shall be verified by National Taxation Bureau with seal if it was attached by the employer.
c. It shall be subject to the sales or operating income, whichever is larger.
d. $10 million or more of turnover for the recent year or average turnover for the last 3 years.
(3) Import and export performance or agency commission:
a. The certificate of Importer and Exporter – Classified by Trade Performance provided by Bureau of Foreign Trade, Ministry of Economic Affairs
b. For the application involved with triangular trade, one of invoice, bank bill and bank money order shall be attached.
(4) Work performance of office: The performance
approval of employment application unmet regulations will be abolished in
accordance with Employment Service Act.
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proof documents such as signed contract, product quotation, negotiation, tender and procurement for the recent year shall be attached. It may be exempted from the other approved applications within the same year.
3. The year on the information of turnover, import and export performance or agency
commission shall be inspected (1) The returned information
for the recent year or the last 3 years based on this application date and return period of tax law shall be examined. All of the other applications within the same year are not required to be examined after this application approved.
(2) Taking the application dated in 2017 (current year) and returned at May as an example:
a. The application time from 1 January 2017 to 31 May 2017: 2015 Income and Tax Calculation Sheet or that from 2013 to 2015 shall be attached.
b. The application time from 1 June 2017 to 31
December 2017: 2016 Income and Tax
Calculation Sheet or that from 2014 to 2016 shall be attached.
c. The Declaration of Sales and Business Tax by a Business Entity shall include the return data of sequential 12 months before application month.
For example: the
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application at September 2017 shall include return data from July 2016 to August 2017 or from January 2016 to December 2016.
4. For some employers returning the data which is not within return period (May) in
accordance with tax law, those documents shall be attached subject to the return period.
14 Certificate of R&D center or corporate head office approved by the Central Competent Authority with jurisdiction
The official approval letter issued by the Central Competent
Authority with jurisdiction shall be in validity at the application date.
15 Documents
relevant to Article 37 of Review Criteria (foundation, association, administrative corporate or international non-government organization)
1. Foundation:
(1) Due to the data transfer from the Ministry of Finance, the application from 1 January to 31 May at the year may be
exempted from being attached to the tax return of the agency, association and its operation
organization. However, subject to the case the employer may be asked to attach it (Announcement No. 10405118501 on 23 September 2015 by Ministry of Labor).
(2) The information shall be verified by National Taxation Bureau with seal if it was attached by the employer.
(3) $5 million or more of business expenses for the recent year or average
Although foundation is tax-exempt entity, the business expenses are required to be returned in accordance with tax law.
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business expenses for the last 3 years.
2. Association
(1) The member list for the recent year shall be attached. However, it may be exempted from the other approved
applications within the same year.
(2) Members shall be 50 or more.
3. Administrative corporate:
Approval of establishment of administrative corporate issued by the Central Competent Authority with jurisdiction in accordance with law.
4. International non-government organization: certificate or approval letter of establishment of office, secretariat, head office or branch in Taiwan by the Central Competent
Authority with jurisdiction.
16 Original
employment approval letter
1. The employment period of extension application shall be succeeded by that of original employment.
2. The original employment approval letter shall be
attached for the application of extension and information change.
The extension application shall be submitted 4 months before the expiration of employment approval. For the employment period less than 6 months, the employer shall submit application after 2/3 of employment period passed. Any application submitted earlier will be returned.
17 The description
of specific reason and positive benefits of foreign cook employment and employee
1. Each field must not be empty for cook application in A02 transportation business (tourism hotel business) or A15 (dining business).
2. The description and list of actual dining preparation staff
1. The application of administrative chef of tourism hotel may be exempted.
2. The dining preparation staff listed in the description shall not
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list include the number of employed locals and foreign workers as well as foreign workers in this application.
include cleaners and waiters.
18 Contract entered into by the company and the
internationally renowned culinary institute
Employers employing foreign workers to teach cooking in cram schools under A15 shall submit the contract; the cram schools shall be established in accordance with the Supplementary Education Act.
(For the review principles for internationally renowned culinary institutes and international licenses, see Appendix 2)
19 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.
20 International
culinary license 21 Proof of work in
foreign catering industry for five years or more
22 Proof of
teaching in the internationally renowned culinary
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institute for two year or more
23 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. The proof of good conduct without criminal records nationwide shall be issued by the country of the employed foreign worker in the last six months.
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.
24 Proof of marital relationship
Foreign spouses residing in company with foreign
professionals shall submit proof of marital relationship with the foreign professionals when being employed to perform part-time work.
Foreign spouses are required to submit proof of marital relationship when applying for the dependent alien resident certificate with the National Immigration Agency, Ministry of the Interior. In case of any doubts about the review, please seek
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advice from the agency.
25 Statement of
total working hours in the most recent year
1. Foreign spouses residing in company with foreign
professionals shall receive the hourly salary or income no less than that announced by the central competent authority when being employed to perform part-time work.
2. To review the compliance of hourly salaries paid to foreign spouses, employers shall submit the statement of total working hours in the most recent year at the time of extension. The hourly salary is calculated by the total salary paid in the previous year or the most recent year divided by the total working hours.
The statement shall specify the total working hours of the foreign worker and the period of work; the period of work shall be consistent with that specified in the copy of salary withholding certificate.
(Taking the salary from January to December 2017 for example, the total working hours in the said period shall be calculated)
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5. Supplementary Table of Points System for the Overseas Chinese and Foreign Students Graduating in Taiwan – List of Documents for Application and Notices
Point Item
Content & Level Points
Documents for Application and Explanation
Notices
1. Education
1. Ph.D.
2. Master 3. Bachelor
30 20 10
The photocopy of diploma of overseas Chinese and foreign students.
The foreign worker shall achieve Bachelor degree or above in Taiwan to meet basic qualification.
More points will be obtained if the students after graduating in
Taiwan achieve higher education level abroad with diploma.
