| Legislative： |
Promulgated March 31, 1993
Amended September 10, 1993
Amended December 25, 2018 |
| Content： |
Article 1 These regulations are issued in accordance with Article 49 of
the Employment Service Act (hereafter “the Act”). Unless
otherwise specified in another treaty, agreement, or law, the
approval and management of employment of foreign nationals
by embassies, consulates, foreign offices, international
organizations, and their personnel in the Republic of China
(Taiwan) shall be carried out in accordance with these
regulations.
Article 2 In these regulations, the following terms shall be defined thus:
1. The term “foreign office in the Republic of China (Taiwan)”
means any foreign office established in the Republic of
China (Taiwan) with the authorization of the Ministry of
Foreign Affairs in accordance with Article 2 of the Statute
Governing the Privileges and Immunities of Foreign
Offices and their Personnel in the Republic of China
(Taiwan).
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2. The term “official staff member” means any personnel of
an embassy, consulate, foreign office, or international
organization who enjoys diplomatic privilege.
3. The term “foreign employee” means any foreign staff
employed exclusively in the service of an embassy,
consulate, foreign office, or international organization.
4. The term “foreign attendant” means any foreign national
employed exclusively in the service of the head of an
embassy, consulate, foreign office, or international
organization, and who shares the same nationality as the
employer.
5. The term “foreign member of the private staff” means any
foreign national member of the private staff employed
exclusively in the service of an official staff member of an
embassy, consulate, foreign office, or international
organization.
Article 3 The number of foreign employees, foreign attendants, and
foreign members of the private staff that may be employed by
an embassy, consulate, foreign office, international
organization, and its personnel thereof shall be determined in
accordance with the following guidelines:
1. Foreign employees: the Ministry of Foreign Affairs shall
approve the employment of a reasonable number of foreign
employees according to its assessment of the practical
needs of an embassy, consulate, foreign office, or
international organization.
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2. Foreign attendants and foreign members of the private staff:
A head of an embassy, consulate, foreign office, or
international organization shall be allowed a maximum of
two foreign attendants and foreign members of the private
staff, and other official staff members shall each be allowed
one member of the private staff. Actual authorized
employment quotas shall be defined according to the
principle of mutual reciprocity.
Article 4 One month before hiring a foreign national to undertake work,
an embassy, consulate, foreign office, international
organization, or its personnel in the Republic of China
(Taiwan) shall submit to the Ministry of Foreign Affairs a note
verbale or letter, together with the following documents, for
issuance of an employment permit:
1. A copy of the employment contract.
2. A health certificate, issued either by a foreign hospital
approved by an overseas mission of the Republic of China
(Taiwan) or by a domestic hospital designated by the
Republic of China (Taiwan), indicating the prospective
employee is in good health. A prospective employee who,
in accordance with the applicable regulations, is exempt
from carrying out a health examination need not provide
such a health certificate.
3. Two 2-inch photographs of the prospective employee
showing the face and top of the shoulders.
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4. A photocopy of the prospective employee’s identification
document.
5. Other documents as required.
The copy of the employment contract specified in Item 1 of
the preceding paragraph shall include the following items:
1. The name of the employing organization or individual.
2. The prospective employee’s name, date of birth, nationality,
passport number, and residential address abroad.
3. The proposed title of the prospective employee and the
nature of the job to be undertaken.
4. The beginning and end dates of the prospective employee’s
employment.
5. A statement indicating that the employer will take
responsibility for payment of all travel expenses that may
be incurred by departure of the prospective employee from
the Republic of China (Taiwan).
6. Instructions from the employer to the prospective employee
that the employee shall, upon receipt of salary, be
responsible for paying all required taxes to the relevant
authority.
Article 5 Within three days after a prospective employee requiring a
health examination enters the Republic of China (Taiwan), the
employer shall arrange for the individual to undergo a health
examination at a designated hospital in the Republic of China
(Taiwan). The employer shall submit the results of that
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examination to the municipal or county department of health
of the municipality or county in which the employer resides.
When applying for an employment permit in accordance with
these regulations, the Regulations Governing Management of
the Health Examination of Employed Aliens shall apply
mutatis mutandis in determining the parameters of the health
certificate to be obtained before or after the prospective
employee’s entry into the Republic of China (Taiwan), the
items comprising the health examination, and the hospitals
designated to carry out health examinations after entry into the
Republic of China (Taiwan).
Article 6 An employment permit issued under these regulations shall
have a one-year term of validity from the date of issuance. If
it becomes necessary to extend the term of employment of a
foreign employee beyond the expiration date of the
employment permit, an application for extension must be
submitted within one month prior to the expiration of the
permit to the Ministry of Foreign Affairs, and must include a
copy of the current employment permit, a copy of the renewed
employment contract, and proof or waiver of tax payment. No
extension of a term of employment may exceed one year.
Article 7 The Ministry of Foreign Affairs shall issue to each foreign
attendant who is employed under these regulations a residence
visa and an identification card for a foreign attendant to the
head of a diplomatic mission/foreign office, which shall have
a maximum term of validity of one year.
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Article 8 An embassy, consulate, foreign office, international
organization, and its personnel thereof shall notify the
Ministry of Foreign Affairs in writing within three days to
cancel the employment permit of a foreign national employed
in accordance with these regulations in event of any one of the
circumstances below. Those who possess an identification
card for a foreign attendant to the head of a diplomatic
mission/foreign office must also return the identification card.
1. The employee has been truant and out of contact for three
days.
2. The employer-employee relationship has been terminated.
3. The employment term has been fulfilled.
4. The employer leaves his or her position.
Foreign nationals who have had employment permits
cancelled as above must leave the country unless the Ministry
of Foreign Affairs approves the transfer of their employment.
Article 9 The Ministry of Foreign Affairs may deny the application for
the employment or employment extension of a foreign
national by an embassy, consulate, foreign office,
international organization, or its personnel thereof due to one
of the following circumstances:
1. A violation of the Act or these regulations.
2. Failure to provide supplemental documents in a timely
fashion after notification of the need to provide them
because previously provided documents are unclear or fail
to meet regulations.
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3. A serious violation of another law or regulation.
4. The applicant has been denied a visa by the relevant
authority and is thus prohibited from entering the country
or required to leave the country within a certain time frame.
Article 10 A foreign national hired in accordance with the subparagraphs
of Paragraph 1, Article 48 of the Act by an embassy, consulate,
foreign office, international organization, or its personnel
shall not be subject to the employment quotas in Article 3 of
these regulations, to the employment permit term limit in
Article 6, or to Subparagraph 2 of Article 8 of these
regulations.
Article 11 When completing employment and leaving the country, a
foreign national employed under these regulations shall
complete the exit procedures with the relevant authority and,
if in possession of an identification card for a foreign attendant
to the head of a diplomatic mission/foreign office, return the
identification card.
Article 12 After approving an application by an embassy, consulate,
foreign office, international organization, or its personnel to
employ a foreign national, the Ministry of Foreign Affairs
shall send copies of the employment permit to the Ministry of
Labor Affairs, National Immigration Agency, National
Taxation Bureau, and other related agencies. Copies shall also
be sent after the approval of applications to extend or
terminate the employment of such foreign nationals.
Article 13 These regulations shall take effect upon promulgation. |