Immigration Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0080132

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Chapter 1 General Provisions

Article 1

The present Act is hereby enacted to unify entry and exit control, safeguard national security, protect human rights, regulate immigration matters, and implement immigration guidance.

Article 2

The competent authority which enforces this Act is the Ministry of the Interior.

Article 3

The terms used in the present Act are defined as follows:
1. Nationals: Nationals who reside in the Taiwan Area, have their permanent residence registered at a household registry and have the nationally of the Republic of china (hereafter to be called the State), or nationals who reside in the Taiwan Area and have no the nationally of the State.
2. Airports and seaports: The airports and seaports by the Executive Yuan as the ports of arrival and departure.
3. Taiwan Area: Taiwan, Penhu, Kinmen, Matsu and other territories under the control of the government.
4. Nationals with registered permanent residence in the Taiwan Area:
Nationals who have the nationality of the State, are residing in the Taiwan Areas currently or originally, and have not lost personal identification as people of the Taiwan Area in accordance with the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area.
5. Nationals without registered permanent residence in the Taiwan Area: Nationals who have the nationality of the State and are residing abroad currently, or nationals who have acquired or restored the nationality of the State but have never registered their permanent residence at any household registry in the Taiwan Area.
6. Transit: A brief stay made by an alien in the State before entering other countries or regions through airports or seaports of the State.
7. Visit: A visit in the Taiwan Area for the period of less than six (6) months.
8. Residence: Residence in the Taiwan Area for the period of six (6) months or up.
9. Permanent residence: An alien resides in the Taiwan Area ermanently.
10. Registered permanent residence: Permanent residence in the Taiwan Area, which is registered at a household registry.
11. Transnational human trafficking: They are referred to acts of organizing, recruiting or detaining aliens, nationals without registered permanent residence in the Taiwan Area, people of the Mainland Area, residents of Hong Kong or Macau in the Taiwan Area or to hide these people in the area, or acts of transporting, transferring or referring these people to the Taiwan Area or to hide these people in the area through rapes, duress, threats, monitor, medication, hypnosis, cunning, improper debt constraints or other means of force, for the purposes of dealing in or pledging humans, sexual exploitation, labour exploitation or harvest of organs.
12. Immigration service organizations: Companies that act as agents to handle immigration matters in accordance with the present Act.
13. Transnational marriage agencies: They are referred to acts of canvassing for marriage opportunities among nationals and aliens who reside in the Taiwan Area and are with registered permanent residence in the area, nationals without registered permanent residence in the Taiwan Area, people of the Mainland Area, residents of Hong Kong or Macau and of introducing people to the aforesaid people for marriage.

Article 4

Any person who enters or exits the State shall be inspected by National Immigration Agency, Ministry of the Interior (hereafter called “National Immigration Agency”) and failure to be inspected shall not be permitted to enter and/or exit the State.
When National Immigration Agency inspects a person who enters or exits the State, it shall collect and utilize the person’s entry and exit record through a computer or other technological facilities.
With respect to the inspections mentioned in the preceding two Paragraphs, the competent authority shall enact regulations governing documents which must be prepared, inspection procedure, and collection and utilization of information of the person being checked by National Immigration Agency.

Chapter 2 Nationals’ Entry and Exit

Article 5

Nationals who reside in and are with registered permanent resident in the Taiwan Area may enter and/or exit he State without application for permission, save staff who involve in national security. The staff’s entries and exits of the State must be approved by the staff’s service authorities before the staff can exit the State. Nationals without registered permanent resident in the Taiwan Area shall apply to National Immigration Agency for permission to enter the State.
National security Bureau, Ministry of the Interior, Ministry of National Defense, Ministry of Justice and Coast Guard Administration, Executive Yuan shall respectively enact regulations with respect to the scopes of the staff regulated in the exception of Paragraph 1, conditions for approval of the said staff, procedures and other matters which must be complied by the staff.

Article 6

Nationals shall be prohibited from exiting the State if they fall any of the following circumstances:
1. Have been sentenced to punishment of imprisonment or greater and have not served or completed the term of sentence.
2. Have been wanted.
3. Have been restricted from exiting the State by the judicial authorities or military authorities due to their cases.
4. Have been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.
5. Have been strongly suspected to be involved in turmoil or foreign aggression.
6. Have been strongly suspected to be involved in major economic crimes or major criminal cases.
7. Have been waiting for conscription or have not completely fulfilled their military service obligation except if permitted to exit the State in accordance with laws and orders.
8. Have used a passport, flight crew I.D., seaman service book, or entry and exit permit that has been illegally acquired, counterfeited, or tampered with, or that belongs to another person.
9. Have failed to have their passports, flight crew IDs, seaman service books, or entry and exit permits inspected in accordance with Article 4.
10. Have been restricted or banned from exiting the State by other laws.
National Immigration Agency shall approve an individual under protective control, who has been allowed to go abroad by the juvenile court judge or the prosecutor, to exit the State.
When any person who is prohibited to exit the State in accordance with Subparagraph 2, Paragraph 1 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall notify judicial authorities and police authorities under their jurisdiction to deal with the matter. When any person who is prohibited to enter the State in accordance with the same provision enters the State, the same procedure shall also apply to him/her. Where any person who is prohibited to exit the State in accordance with Subparagraph 8, Paragraph 1 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall arrest him/her immediately and transfer him/her to judicial authorities.
Judicial authorities or military authorities shall notify National Immigration Agency of the circumstances on exit of the State prohibited by Subparagraphs 1 to 3, Paragraph 1. Each functional authority shall notify National Immigration Agency of the circumstances set forth in Subparagraphs 4 to 6 and Subparagraph 10.
Any person prohibited from exit pursuant to Subparagraph 1 and Subparagraphs 3 to 6 shall be notified in writing of the reasons for such prohibition by National Immigration Agency after the Agency is notified by each functional authority, save any person who is prohibited from exit pursuant to Subparagraph 2 or Subparagraph 8, Paragraph 1. Any person who is restricted or prohibited from exit pursuant to Subparagraph 10 shall be notified in writing of the reasons for such restriction or prohibition by each functional authority. When any person who is prohibited to exit the State pursuant to Subparagraphs 7, 9 and 10 exits the State and such a matter is found out by National Immigration Agency at the inspection of the person, the Agency shall provide reasons in writing to the person and prohibit him/her from exiting the State.

Article 7

National Immigration Agency shall deny or prohibit a national without registered permanent residence in the Taiwan Area from entering the State if he/she falls within any of the following circumstances:
1. Has joined a violent or terrorist organization or its activities.
2. Has been strongly suspected to be involved in turmoil or foreign aggression.
3. Has been suspected to be involved in major crimes or to be habitual criminals.
4. Has used a passport or entry permit that is illegally acquired, counterfeited, or tampered with, or that belongs to another person. National Immigration Agency shall deny or prohibit from a national entering the State if such a national has never registered his/her permanent residence at any household registry in the Taiwan Area, possesses a foreign nationality concurrently, and causes a circumstance which falls under one of the circumstances set forth in each Subparagraph of the preceding Paragraph or each Subparagraph of Paragraph 1, Article 18.
The competent authority and the Ministry of justice shall jointly enact regulations with respect to standards of establishing major crimes or habitual criminals provided by Subparagraph 3, Paragraph 1, and major economic crimes or major criminal cases provided by subparagraph 6, Paragraph 1 of the preceding Article respectively.

Chapter 3 Visits, Residence, and Registered Permanent Residence of Nationals without Registered Permanent Residence in the Taiwan Area

Article 8

A national without registered permanent residence in the Taiwan Area who has applied to National Immigration Agency for a visit in the Taiwan Area may be granted a three (3)-month visit. The visit can be extended once if necessary and the total period of the visit after the extension of the visit shall not exceed six (6) months, beginning from the second day after the day of arrival. The Agency may further extend the visit and increase the number of extensions if the national falls within any of the following circumstances and proves that he/she does fall under such a circumstance:
1. Has been pregnant for more than seven (7) months, has given birth, or has had a miscarriage for less than two (2) months.
2. Has been hospitalized for diseases or pregnant, and may endanger his/her own life if going abroad.
3. Has a spouse, a lineal blood relative, a collateral blood relative within the third degree, or a relative by marriage within the second degree, who has registered permanent residence in the Taiwan Area, and is hospitalized or deceased in the Taiwan Area because of serious illnesses or critical injuries.
4. Has met forces majeures or other inevitable incidents.
5. Has his/her personal freedom restricted by laws.
Each extension of a visit pursuant to Subparagraph 1 or 2 of the preceding Paragraph shall not exceed two (2) months. The extension of a visit pursuant to Subparagraph 3 shall not exceed two (2) months from the date of the occurrence of the cause. The extension of a visit pursuant to Subparagraph 4 shall not exceed one (1) month. The extension of a visit pursuant to Subparagraph 5 shall be granted as required by circumstances.
As the visits stated in the two preceding Paragraphs expire, an immediate exit is mandatory unless residence or registered permanent residence is granted in accordance with the present Act.

Article 9

A national without registered permanent residence in the Taiwan Area shall apply to National Immigration Agency for residence in the Taiwan Area if he/she falls within any of the following circumstances:
1. Has a lineal blood relative, a spouse, a sibling, or a spouse's parent, who has registered permanent residence in the Taiwan Area. If the relationship is a result of adoption, the adopted person shall not be older than twelve (12) years old; he/she shall reside with the adopter in the Taiwan Area. The adoption is limited to two (2) people.
2. Serves as an overseas legislator.
3. Has been naturalized and has acquired the nationality of the State.
4. Was or is born in overseas, resides in the Taiwan Area and has registered his/her permanent residence at a household registry in the area. The person is at the age of twenty (20) or up.
5. Holds the passport of the State to enter into the State, and continues to reside in the Taiwan Area for seven (7) years or up, and one hundred and eighty-three (183) days or up each year.
6. Has made an investment in the Taiwan Area in the amount that is more than a certain amount of capital, and has been approved or filed for future reference by the central authorities in charge of the investment.
7. Is an overseas student who has applied to reside in the Taiwan Area pursuant to the following twelfth subparagraph and has returned to his/her country of residence to work for two (2) years after graduation.
8. Has special contributions to the country and the society, or is a senior professional personnel as needed in the Taiwan Area.
9. Has special skills and experiences and has been invited back to the State by the central authorities that are in charge of the field of their employment.
10. Has been appointed or employed by a government department, a public or private university or a college besides the authorities stated in the preceding Subparagraph.
11. Has been approved to work in the Taiwan Area by the central authorities in charge of labour affairs or the field of their employment pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act.
12. Is an overseas student who has been approved to study in the State by a central authority in charge of the field concerned.
13. Is a trainee who has been approved to take vocational training by a central authority in charge of the field concerned.
14. Is a master graduate student or a doctorate student who has been approved to undertake research and serve as an intern by a central authority in charge of the field concerned.
15. Has been approved to work in the Taiwan Area by the central authority in charge of labour affairs in accordance with Subparagraph 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act
The spouses and minor children of the national stated in Subparagraph 1, Subparagraph 2 or Subparagraphs 4 to 11 of the preceding Paragraph may apply with the national; the spouses and minor children who have not applied with the national may apply after the approval of the national’s application for residence in the Taiwan Area and before the approval of the application for registered permanent residence in the State. When the national's right to residence is revoked or repealed in accordance with Paragraph 2 of Article 11 of the present Act, the right of the national's spouses and minor children to reside may also be revoked or repealed at the same time.
National Immigration Agency shall issue a residence certificate of Taiwan Area to any person who applies for a residence permit in accordance with Paragraph 1. The effective period of the certificate shall not be longer than three (3) years, calculating from the second day of the date of arrival in the State.
Before the expiration of the residence period of a national without registered permanent residence, the national can apply to National Immigration Agency for extension of residence if the reasons for residence in the original application still remain unchanged.
The effective period of the residence certificate of Taiwan Area of a person whose application for an extension of residence pursuant to the preceding Paragraph is approved shall be extended to the period of not more than three (3) years from the second of the date of the expiration of residence.
National Immigration Agency shall revoke the residence permit of a national without registered permanent residence if the national’s reasons for residence disappear within the period of the residence, save the national who applies for residence pursuant to Subparagraph 1, Paragraph 1 and whose lineal blood relative, a spouse, a sibling, or a spouse's parent is deceased. Such a national can apply for an extension of residence for a period of not more than three (3) years once.
In the event that a national without registered permanent residence changes his/her domicile or his/her place of employment during the period of his/her residence, he/she shall apply to National Immigration Agency for registering the change.
National Immigration Agency may draw up and promulgate an annual quota of residence for nationals without registered permanent residence on the basis of different nations or districts after judging the condition of residence in the Taiwan Area and having the ratification of the Executive Yuan. However, people who have minor children with registered permanent residence in the Taiwan Area or have been married for four (4) years, or whose spouses have registered permanent residence in the Taiwan Area shall be exempted from the limit of the quota.
Where a national without registered permanent residence exceeds the period of visit for less than ten (10) days after he/she is permitted to enter the State, and the residence application of the national is subject to an annual quota pursuant to the provision of the preceding Paragraph, the permission to allocate a quota to the national shall be granted after a period of one (1) year each time when the national overstays the visit pursuant to the provisions, save the national who falls within any of the circumstances set forth in each Subparagraph, Paragraph 1 of the preceding Article.

Article 10

A national without registered permanent residence in the Taiwan Area may apply to National Immigration Agency for permanent residence if he/she meets one of the following conditions:
1. He/She, who is the applicant, the applicant's spouses or minor children as stated in Subparagraphs 1 to 11 of Paragraph 1 of the preceding Article, have been granted residence and their original qualifications for residence remain unchanged after having continuously resided or having resided in the Taiwan Area for a certain period of time. Where they reside in the Taiwan Area pursuant to Subparagraph 2 or Subparagraph 8 of Paragraph 1 of the preceding Article, they shall not be subject to continuous residence or residence for a certain period of time.
2. Was or is born in overseas, resides in the Taiwan Area and has registered his/her permanent residence at a household registry in the area. The person is at the age of twenty (20) or up.
A person, who has applied for registered permanent residence in the Taiwan Area pursuant to Subparagraph 1 of the preceding paragraph, shall have been married for three (3) years and over if his/her qualification results from marriage. He/She may not be exempted from the preceding requirement unless his/her children have been born during the marriage.
A continuous residence or residing in the Taiwan Area for a certain period of time as provided in Subparagraph 1, Paragraph 1 is regulated as follows:
1. A person who files an application pursuant to Subparagraphs 1 to 9, Paragraph 1 of the preceding Article shall reside in the Taiwan Area for one (1) year continuously; reside in the area for full two (2) years and two hundred and seventy (270) days or up each year; or reside in the area for full five (5) years and one hundred and eighty-three (183) days or up each year.
2. A person who files an application pursuant to Subparagraph 10 or Subparagraph 11, Paragraph 1 of the preceding Article shall reside in the Taiwan Area for three (3) year continuously; reside in the area for full five (5) years and two hundred and seventy (270) days or up each year; or reside in the area for full seven (7) years and one hundred and eighty-three (183) days or up each year.
Where a national without registered permanent residence goes abroad during the period of residence mentioned in the preceding Paragraph with the dispatch or the approval of the government and is provided with evidential documents with respect to the dispatch or the approval, the period of his/her residence shall not be deemed to be interrupted. The period of going abroad also shall not be accumulated for the period of residence in the Taiwan Area.
Where a national without registered permanent residence, whose relative with registered permanent residence in the Taiwan Area is deceased during the period of the national’s residence, or who is divorced from the person with registered permanent residence in the Taiwan Area during the period of the national’s residence and applied for residence in the Taiwan Area because of his marriage with the person, has resided continuously or for a certain period of time in the area and shall execute the rights and obligations for bearing subsistence of his/her minor children with registered permanent residence in the Taiwan Area, he/she can still apply to National Immigration Agency for registration of permanent residence in the area and shall not be restricted by the condition that his/her qualification for residence must remain unchanged, as provided under Subparagraph 1, Paragraph 1.
An application for registered permanent residence in the Taiwan Area shall be made within two (2) years after the continuing residence or residing in the area for a certain period of time, save the circumstances set forth in the exceptions under Subparagraph 1, Paragraph 1. The spouse and the minor children of the applicant shall apply for registered permanent residence in the Taiwan Area together with the applicant or after obtaining the permits for registered permanent residence.
Where a national without registered permanent residence is permitted to register his/her permanent residence in the Taiwan Area within thirty (30) days, he/she shall handle a household registration at a household registry where a household registration is predetermined to take place. After the period of thirty (30) days, National Immigration Agency shall repeal his/her permit of registered permanent residence.
The competent authority shall enact regulations governing the application for entry by a national without registered permanent residence, an application procedure for residence or an application procedure for registered permanent residence, documentation which shall be prepared, types of certificates to be issued, effective periods of certificates and other matters which must be complied with.

Article 11

National Immigration Agency may deny the application for residence or registered permanent residence submitted by a national without registered permanent residence if he or she meets one of the following circumstances:
1. Has been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.
2. Has been sentenced to punishment of imprisonment or greater.
3. Has entered the State without permission.
4. Has used another person's identity, or has applied with illegally acquired, counterfeited, or altered documents.
5. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
6. Is believed, on the basis of sufficient factual evidence, to have conspired with another person to have a false marriage.
7. Is relatively connected to the adopter because he/she is adopted the adopter; and he/she does not reside with the adopter after entering the State.
8. Has failed to pass a medical check for items designated by the central competent health authority. This provision does not apply to an applicant who is younger than the age of twenty (20).
9. Has been involved in activities or employment that is different from the purposes of his or her entry.
10. Has overstayed a visit.
11. Refuses to attend an interview without justifiable reasons after he/she was notified legally.
12. Avoid, obstruct or refuse an investigation executed under Article 70 without justifiable reasons.
13. Other circumstances recognized and promulgated by thecompetent authorities.
If a person has been determined to be subject to any of Subparagraphs 1 to 8 of the preceding Paragraph after the permission for his/her residence, or after the permission for his/her residence, he/she is discovered that the information provided by him/her at the time of his/her application for residence is false or untrue, National Immigration Agency shall revoke the permission for his/her residence.
If a person has been determined to be subject to any of Subparagraph 4 or Subparagraph 6, Paragraph 1 after the permission for his/her registered permanent residence, or after the permission for his/her registered permanent residence, he/she is discovered that the information provided by him/her at the time of his/her application for residence is false or untrue, the permission for his/her registered permanent residence shall be revoked or repealed. If the person has registered his/her permanent residence at a household registry, the household registry shall also revoke or repeal his/her registration.
With respect to any person whose residence permit or permanent residence permit is to be revoked or repealed pursuant to the provisions of the preceding two Paragraphs, the person’s residence permit or permanent residence permit shall be revoked or repealed within five (5) years starting from the time when National Immigration Agency determines to revoke or repeal his/her said permit; otherwise, his/her said permit shall be revoked or repealed within two (2) years starting from the time when he/she knows that the said permit is to be revoked or repealed. This provision shall not apply to the circumstances set forth in Subparagraph 4 or Subparagraph 6 of Paragraph 1.
The period of the denial pursuant to Subparagraphs 9 and 10 of Paragraph 1 shall be at least one (1) year from the day after his last exit from the State and shall not exceed three (3) years.
Subparagraph 12, Paragraph 1 shall apply mutatis mutandis to the circumstance that people of the Mainland Area, residents of Hong Kong or residents of Macau apply for residence or registered permanent residence in the Taiwan Area.

Article 12

A national without registered permanent residence in the Taiwan Area who has entered the State with a foreign passport or stateless travel document shall exit the State with the foreign passport or the stateless travel document and may not apply for residence or registered permanent residence unless he/she meets the requirements of Subparagraph 3, Paragraph 1 of Article 9 or Subparagraph 2, Paragraph 1 of Article 10.

Article 13

National Immigration Agency shall revoke the permit of a national without registered permanent residence in the Taiwan Area, if during the national’s visits in the State, the national:
1. Has been considered, on the basis of sufficient factual evidence, to endanger national security or social stability.
2. Has been sentenced to imprisonment or graver punishment and has served his/her term of sentence, has been released on parole or pardoned, or have been on probation.

Article 14

National Immigration Agency shall order a national without registered permanent residence in the Taiwan Area to exit the State within a certain time, if permission for his/her visit, residence, or registered permanent residence has been revoked or repealed.
A national without registered permanent residence in the Taiwan Area shall exit the State within ten (10) days after receiving the preceding order to exit the State.
National Immigration Agency shall convene a review meeting and provide to a national without registered permanent residence whose permission for residence or permission for registered permanent residence is revoked or repealed an opportunity to submit claims, before it orders the national to exit the State.
The competent authorities shall enact regulations with respect to the composition of the review meeting mentioned in the preceding Paragraph, requirements for review and a review procedure.

Article 15

The National Immigration Agency shall deport a national without household registration in the Taiwan Area and restrict his/her reentry if he/she has entered the State without permission or has overstayed his/her visit or period of residence, or has overstepped the deadline of mandatory exit.
When a national without household registration overstays the period of his/her residence for less than thirty (30) days but has a valid purpose of residence indicated in the original application, he/she can re-apply for residence at the National Immigration Agency, subject to penalties for violations pursuant to Subparagraph 4 of Article 85. However, the accumulated period of residence in the Taiwan Area will be reduced by one (1) year when applying for permanent residence.
An alien awaiting deportation stated in Paragraph 1 may be temporarily detained by the National Immigration Agency if a compulsory exit order is difficult or impractical to enforce. This period shall not exceed 15 days from the date of temporary detention. Upon exiting, the alien shall have his/her entry permit or other entry permit document cancelled and revoked by the National Immigration Agency. The provisions of the three preceding Paragraphs shall also apply to individuals who have entered the State before the present Act was enforced.
The provisions of Paragraphs 3 and 4, Article 36 and Paragraph 6, Article 38 shall apply to the deportation process mentioned in Paragraph 1. The temporary, continued and extended detention mentioned in Paragraph 3 shall be implemented in accordance with the provisions of Article 38 and Article 39.

Article 16

Non-citizen ROC nationals who have to reside or reside for citizenship in the Taiwan Area due to the special circumstances of their overseas residing area may apply for residency or residency for citizenship to the competent authority that may submit such applications to the Executive Yuan for review pursuant to the regulations enacted to govern the residency and residency for citizenship granted to non-citizen ROC nationals from specific countries or areas, without being subjected to the restrictions of the provisions of Articles 9 and 10.
Stateless people or non-citizen ROC nationals from Thailand, Myanmar, or Indonesia who have entered the country before this Act was enforced and cannot be repatriated may be allowed to reside in the Taiwan Area by the NIA.
Stateless people and non-citizen ROC nationals from Thailand or Myanmar who have been allowed to enter the country for the purposes of attending school or receiving technical training by the Ministry of Education or the Overseas Compatriot Affairs Commission between 21st May 1999 and 31st December 2008 and cannot be repatriated may be allowed to reside in the Taiwan Area by the NIA.
Stateless people from India or Nepal who have entered the Taiwan Area before 29st June 2016 and cannot be repatriated may be allowed to reside in the Taiwan Area by the NIA if their status has been identified by the review meeting which convened by the central authorities in charge of the Mongolian and Tibetan Affairs.
The stateless people who have obtained the ROC nationality or non-citizen ROC nationals who have been granted residency in the Taiwan Area as specified in the preceding three paragraphs may apply to the NIA for residency for citizenship if they have continuously resided in the Taiwan Area for three years, or have resided in the Taiwan Area for five years during which the residency in the Taiwan Area shall be over 270 days each year, or have resided in the Taiwan Area for seven years during which the residency in the Taiwan Area shall exceed 183 days each year.
Non-citizen ROC nationals who have left the country during the residency specified in the preceding paragraph shall not be deemed to have interrupted their residency but the period of their absence from the Taiwan Area shall not be calculated as part of their residency in the Taiwan Area if their overseas trips have been assigned or approved by the government and such assignment or approval can be proved in writing.

Article 17

Where a national without registered permanent residence is at the age of 14 or up and enters the Taiwan Area for a visit or residence, he/she shall take with him/her the passport, the permit of visit in the Taiwan Area, the entry permit or other identification documents at any time.
Where National Immigration Agency or public servants under other laws and orders can demand nationals in the Taiwan Area to produce the foresaid certificates while performing official duties. With respect to requirements and a procedure for requests for production of certificates and production of certificates, the provisions of Chapter 2 of the Police Duties Enforcement Act shall apply mutatis mutandis.

Chapter 4 Entry of Aliens and Exit of Aliens

Article 18

National Immigration Agency shall prohibit an alien from entering the State if he/she meets one of the following circumstances:
1. Does not carry his/her passport or refuses to submit it for inspection.
2. Has used an illegally acquired, counterfeited, or altered passport or visa.
3. Has used another person's passport or a fraudulently claimed passport.
4. Has used a passport that is invalid, lacks a required visa, or a passport that bears an invalid visa.
5. Has made a false statement or hidden important facts about his/her purposes to apply for entry into the State.
6. Has carried contraband.
7. Has a criminal record in the State or foreign countries.
8. Has suffered from a contagious disease, a mental disease, or other diseases that may jeopardize public health or social peace.
9. Is believed, on the basis of sufficient factual proof, to be incapable of making a living in the State, save the circumstance that he/she seeks shelters from his/her dependent relative with registered permanent residence in the Taiwan Area and has been assured by the relative.
10. Has used a visitor visa but does not have an air ticket or a steamer ticket for a return trip or a trip to the next destination or has not secured an entry visa for the next destination.
11. Has been denied entry, ordered to leave within a certain time, or deported from the State.
12. Has overstayed his/her visit or the period of his/her residence or has worked illegally.
13. Is believed to endanger national interests, public security, public order, or the good customs of the State.
14. Hinders good social customs.
15. Is believed to engage in terrorist activities.
If a foreign government bans nationals of the State from entry pursuant to reasons other than those reasons set forth in the each Subparagraph of the preceding Paragraph, National Immigration Agency can use the same reasons to ban that country's nationals from entering the State after negotiating with the Ministry of Foreign Affairs of such a ban.
The period of entry as banned under Subparagraph 12, Paragraph 1 shall be one (1) year or up from the second day of the date of an alien’s exit of his/her country and shall not be more than three (3) years.

Article 19

An alien who is on board an aircraft, a vessel, or any other means of transport, may be granted a temporary entry, through the application of the concerned captain of the aircraft or vessel, transport service proprietor, or the application of the rescue department, or the application of the captain of an rescue aircraft or a vessel if he/she meets any of the following circumstances:
1. Is catching a connecting flight, a connecting vessel, or any other means of transport.
2. Has been suffering from a disease, seeking refuge or going through any other exceptional accidents.
3. Has made a forced landing, entered a harbor for an emergency, gone through an accident, or been caught in a disaster.
4. Has other justifiable reasons.
The competent authority shall enact regulations to govern an application procedure for temporary entry, documents that shall be prepared, the issuance of a certificate, the period of a visit, the places for a visit, administration and other matters which shall be complied with.

Article 20

With respect to passengers who are transported by an aircraft, a vessel, or any other means of transport and have to check into overnight lodging in the State because of being in transit, the concerned captain of the aircraft or of the vessel, or the transport service proprietor shall apply to National Immigration Agency for permission.
The passengers stated in the preceding Paragraph shall not leave the overnight lodging without permission. The competent authority shall enact regulations that govern an application procedure for overnight lodging, documents that shall be prepared, places of lodging, administration and other matters which shall be complied with.

Article 21

National Immigration Agency shall ban an alien from exiting the State if he or she meets one of the following circumstances:
1. Has been banned from exiting the State at the request of a judicial authority.
2. Has been banned from exiting the State at the request of a tax authority.
National Immigration Agency shall ban an alien who is under investigation for other cases in accordance with laws from exiting the State after the concerned authorities have requested the imposition of such a ban.
National Immigration Agency shall notify the concerned alien in writing with reasons for the banned exit.

Chapter 5 Alien Visits, Residence, and Permanent Residence

Article 22

An alien who possesses a valid passport with a valid visa, a valid passport without a visa, or a valid travel document, shall acquire the right to stay or reside after having been inspected by National Immigration Agency, and allowed to enter the State.
An alien who acquires the permission to stay in the State pursuant to the preceding Paragraph shall apply to National Immigration Agency for an Alien Resident Certificate within fifteen (15) days after the date of the entry.
The effective period of an Alien Resident Certificate shall not be longer than three (3) years starting from the second day of the date of the alien’s acquisition of the permission to reside.

Article 23

Where an alien who possess a valid visa for a visit for the period of sixty (60) days or up and such a visa is with annotated disapproval of extension of a visit or other restrictions by marked by the visa issuing authority meets one of the following circumstances, he/she can apply to National Immigration Agency for residence. After the Agency permits the application, it shall issue an Alien Resident Certificate to the alien.
1. The alien’s spouse who holds the nationality of the State resides in the Taiwan Area currently and is with registered permanent residence or permitted to reside in the area. With respect to the alien’s spouse being an alien, the spouse is permitted to reside or permanently reside in the area.
The alien’s spouse being an alien, who is permitted to reside in the area and whose engagement in works set forth in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment & Service Act is permitted by the central authorities in charge of labor affairs or the field of his/her employment, however, cannot apply for the issuance of an Alien Resident Certificate.
2. An alien is younger than the age of twenty (20) and his/her parents or grandparents are the nationals who hold nationality of the State, have registered permanent residence in the Taiwan Area currently or permitted to reside in the area. With respect to the alien’s parents or grandparents being aliens, the parents or grandparents are permitted to reside or permanently reside in the area. The alien is relatively connected to the adopters because he/she is adopted the adopters; and he/she does not reside with the adopters after entering the State.
3. Has been approved to work in the Taiwan Area by the centralauthorities in charge of labor affairs or the field of his/her employment pursuant to Subparagraphs 1 to 7 or Subparagraph 11, Paragraph 1 of Article 46 of the Employment & Service Act.
4. An investor who has made an investment in the Taiwan Area in the amount that is more than a certain amount of capital, and has been approved or filed for future reference by the central authorities in charge of the investment. A representative of a foreign investor also must have made an investment in the Area in the foresaid amount of capital, and has been proceed for the same purposes as abovementieond by the central authorities in charge of the investment.
5. A person in charge of a foreign company which is recognized under the Company Act and is located domestically.
6. An alien’s re-issuance of a residence visa is approved on an ad hoc basis by the Ministry of Foreign Affairs.
Where an alien enters the State with a residence visa meets any of the circumstances mentioned in the preceding Paragraph due to the change of the reasons for residence, he/she shall apply to National Immigration Agency for modification of reasons for residence. An alien who falls under the exceptions provided under Subparagraph 1 of the preceding Paragraph shall not apply.
After National Immigration Agency permits an alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph, it shall reissue an Alien Resident Certificate to the alien and review the effective duration of the alien’s residence.

Article 24

National Immigration Agency shall not permit an alien’s application for residence or the alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph if the alien meets one of the following circumstances:
1. Is believed to endanger national interests, public safety or public order.
2. Is believed to engage in terrorist activities.
3. Has had a criminal record, or has been denied entry, ordered to leave within a certain time, or deported from the State.
4. Has ever been entering the State illegally.
5. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
6. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
7. Is believed, on the basis of sufficient factual evidence, to have conspired with another person to have a false marriage or a false adoption.
8. Has failed to pass a medical check for items designated by the central competent health authority.
9. holds an invalid passport or his/her identification is not recognized or accepted by the State.
10. Has overstayed a visit or the period of residence.
11. Has been involved in activities or employment that is different from the purposes of his or her entry.
12. Endangers the good customs of the State.
13. Refuses to attend an interview without justifiable reasons after he/she was notified legally.
14. Avoid, obstruct or refuse an investigation executed under Article 70 without justifiable reasons.
15. Has registered his/her permanent residence in the Taiwan Area and has not completed his/her household deregistration, or being an eligible male for military services or a male who is close to being an eligible male for military services. Either the former or the latter has not performed mandatory military services for a prescribed time interval during the period between January 1 in the second year of the year when he reaches the age of fifteen (15) and December 31 in the year when he reaches the age of thirty-six (36).
16. Other circumstances recognized and promulgated by the competent authorities.
If a foreign government bans nationals of the State from entry pursuant to reasons other than those reasons set forth in the each Subparagraph of the preceding Paragraph, National Immigration Agency can use the same reasons to ban that country's nationals from entering the State after reporting the ban to the competent authority and negotiating with the Ministry of Foreign Affairs of such a ban.
The period of entry as banned under Subparagraph 10 and Subparagraph 11 of Paragraph 1 shall be one (1) year or up from the second day of the date of an alien’s exit of his/her country and shall not be more than three (3) years.

Article 25

An alien, who has legally and continuously resided in the State for five (5) years and for more than one hundred and eighty-three (183) days each year, or the alien spouse and/or children of a national with registered permanent residence in the Taiwan Area who have legally resided in the State for ten (10) years, during which period they have actually resided in the State for more than one hundred and eighty-three (183) days each year for five (5) years, may apply to National Immigration Agency for permanent residence if they meet the following requirements. The foresaid periods shall not include the period of staying (residing) in the State by any of those aliens whose residence in the Taiwan Area is permitted due to studies or employment in the Taiwan Area as approved by the central authorities in charge of labor affairs or the field of their employment pursuant to Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Employment & Service Act.
1. Are at the age of twenty (20) or over.
2. Have a decent character.
3. Have considerable property, skills or talents that enable them to make a living on their own.
4. Are beneficial to the national interests of the State.
Aliens who had legally resided in the State for twenty (20) years or up before May 31, 2002 during which period they had resided in the State over one hundred and eighty-three (183) days each year for ten (10) years, and have met the requirements as specified in Subparagraphs 1 to 3 and Subparagraph 5 of the preceding Paragraph can apply to National Immigration Agency for permanent residence.
Aliens who have not satisfied the requirements as specified in the first Paragraph but have met one of the following conditions can also apply to National Immigration Agency for permanent residence:
1. Having made exceptional contributions to the State.
2. Are senior professional personnel as needed by the State.
3. Have participated in races, contests and assessments in the fields of culture, art, technology, sports and industry, which are acknowledged internationally and have won the first prizes.
Aliens shall apply to National Immigration Agency for investment immigration in the State. After the Agency reviews and permits their applications and the aliens do invest, it shall consent to their permanent residence.
Aliens who have the nationality of the State concurrently shall not apply for permanent residence.
Where aliens apply for alien permanent residence and refuse to attend interviews without justifiable reasons after they were notified to attend them legally, National Immigration Agency shall not approve the applications.
National Immigration Agency shall issue applicants Alien Resident Certificates after granting them the status of a permanent resident.
The competent authority shall draw up and promulgate an annual quota of residence or permanent resident applied by aliens on the basis of different nations or districts after considering national interests and having the ratification of the Executive Yuan. However, an alien who invests, is employed to work, or study in the Taiwan Area, or is a spouse or a minor child of a national with registered permanent residence in the Taiwan Area and the spouse or the minor child seeks shelter and residence from the dependent relative shall be exempted from the limit of the quota.
An application for permanent residence pursuant to Paragraph 1 or Paragraph 2 shall be made within two (2) years after the period of stay and residence expires.

Article 26

A person shall apply to National Immigration Agency for residence within thirty (30) days starting from the second day after the date of the occurrence of one of the following circumstances. The Agency shall issue an Alien Resident Certificate to the person after it permits the application.
1. Has lost the nationality of the State and has not yet acquired a foreign nationality.
2. Has lost his/her original nationality while having not yet acquired the nationality of the State.
3. Is born as an alien in the State. At his/her birth, his/her father or mother hold or held a Alien Resident Certificate, or an Alien Permanent Resident Certificate.
4. Has switched to the application for a Resident Visa pursuant to Subparagraph 6, Paragraph 1, Article 23.

Article 27

The following aliens are exempted from applying for Alien Resident Certificates for their residence in the State:
1. Diplomats who are posted in the State, their dependents and entourages.
2. Officials who perform the official duties of a foreign or international organization set up in the State, their dependents and entourages.
3. Aliens who have been granted a Courtesy Visa on an ad hoc basis by the Ministry of Foreign Affairs.
The Ministry of Foreign Affairs may make a list of the names of the aliens stated in the preceding Paragraph and send a copy of it to National Immigration Agency.

Article 28

An alien, at the age of fourteen (14) or up, who has entered the State for a visit, residence or permanent residence, shall always carry his/her passport, Alien Resident Certificate, or Alien Permanent Resident Certificate.
National Immigration Agency or public servants under other laws and orders can demand aliens to produce the documents stated in the preceding Paragraph while performing official duties. With respect to requirements and a procedure for requests for production of certificates and production of certificates, the provisions of Chapter 2 of the Police Duties Enforcement Act shall apply mutatis mutandis.

Article 29

Aliens who are visiting or residing in the State may not engage in activities or employment that is different from the purposes of their visits or residence.
The acts of filing petitions or imitating lawful assembly and procession by those aliens who reside legally shall not be subject to the foresaid restriction.

Article 30

When special situations arise, National Immigration Agency can restrict aliens' residence locations, activities, or inform them of the rules they have to comply with in order to maintain public order or substantial interests.

Article 31

Aliens shall apply to National Immigration Agency for an extension before their visits or residence expires if they have to continue their visits or residence in the State.
The effective period of the Alien Resident Certificate of the applicant mentioned in the preceding Paragraph shall be extended from the second day of the date of the expiration of the time limit for the original residence and shall not be longer than three (3) years.
Where an alien overstays the period of his/her residence for less than thirty (30) days and the reasons for the application for residence submitted originally still remain unchanged, he/she can re-apply to National Immigration Agency for residence after being punished pursuant to Subparagraph 4 of Article 85. Where the alien applies for permanent residence, one (1) year shall be deducted from the period of permanent residence in the Taiwan Area.
National Immigration Agency shall revoke the residence permit of an alien and cancel the alien’s Alien Resident Certificate if the alien’s reasons for residence disappear within the period of the residence. Where an alien meets one of the following circumstances, however, he/she shall be permitted to reside continually.
1. His/Her dependent relative is deceased.
2. Is a spouse of a national with registered permanent residence in the Taiwan Area and is physically or mentally abused by his/her spouse.
He/She is protected by the protection order issued by the court.
3. An alien acquires the guardianship of his/her own children with registered permanent residence in the Taiwan Area after his/her divorce.
4. Is suffered from family violence and divorced after the judgment of the court. The alien also has his/her own minor children with registered permanent residence in the Taiwan Area. subject to court divorce,
5. Is deported from the State forcibly due to the revocation of his/her residence permit and is believed to have caused severe and irrecoverable damage to his/her own minor children with registered permanent residence in the Taiwan Area.
6. Has a laour dispute with the domestic employer and the lawsuit procedure is in the process.
In the event that an alien changes his/her domicile or his/her place of employment during the period of his/her residence, he/she shall apply to National Immigration Agency for registering the change.
Paragraph 2 of Article 22 shall apply mutatis mutandis to the circumstances of residence provided under Paragraph 1, Paragraph 3 and the preceding Paragraph.

Article 32

National Immigration Agency shall revoke or repeal a person’s residence permit and cancel his/her Alien Resident Certificate if the person meets one of the following circumstances:
1. Has submitted false or untruthful information for his/her application.
2. Has used illegally acquired, counterfeited, or altered documents.
3. Has been sentenced to punishments of imprisonment for one (1) year or greater by a judicial authority, whereas a person who commits a crime due to his/her negligence is exempted.
4. Has restored the nationality of the State.
5. Has acquired the nationality of the State.
6. Has had the nationality of the State and has entered, exited, stayed or resided permanently as a national of the State.
7. Has acquired an Alien Permanent Resident Certificate.
8. Has been deported from the State.

Article 33

National Immigration Agency shall revoke or repeal a person’s permanent residence permit and cancel his/her Alien Permanent Resident Certificate if the person meets one of the following circumstances:
1. Has submitted false or untruthful information for his/her application.
2. Has used illegally acquired, counterfeited or altered documents.
3. Has been sentenced to punishments of imprisonment for one (1) year or greater by a judicial authority, whereas a person who commits a crime due to his/her negligence is exempted.
4. Has not resided for one hundred and eighty-three (183) days for each year during his/her permanent residence in the State. The person shall be exempted if he/she has the approval of National Immigration Agency to study abroad, seek medical treatment, or for other special reasons.
5. Has restored the nationality of the State.
6. Has acquired the nationality of the State.
7. Has had the nationality of the State concurrently.
8. Has been deported from the State.

Article 34

An alien shall apply for a reentry permit from National Immigration Agency in advance if they have to exit prior to reentering the State during their residence. The aliens who have acquired permanent residence permits shall re-enter the State by their Alien Permanent Residence Certificates and shall be exempted from the foresaid requirement.

Article 35

The competent authority shall enact regulations that govern a procedure for applying for alien visits, residence, and permanent residence in the State, documents that shall be prepared, qualifications, types of certificates to be issued, effective periods of certificates, investment products, administration and application of funds and other matters which must be complied with.

Chapter 6 Deportation and Detention

Article 36

The National Immigration Agency shall forcibly deport an alien if he/she commits any of the following offenses:
1. Violation of the provisions stated in Paragraph 1 of Article 4 by entering the State without inspection
2. Violation of the provisions stated in Paragraph 1 of Article 19 by temporarily entering the State without permission
The National Immigration Agency may deport or order an alien to exit the State within ten (10) days after receiving the deportation order, based on any of the following circumstances; The National Immigration Agency may deport an alien who has failed to exit the State within a given period of time after the first warning.
1. Having entered the State and been found in violation of any of the provisions indicated in Paragraphs 1, 2 of Article 18 which bans entry into the State
2. Having failed to comply with requirements such as documents, certificates, and periods/place of visits, stipulated under Paragraph 2 of Article 19
3. Having violated the provisions stated in Paragraph 2 of Article 20 by leaving the designated overnight lodging facility without permission
4. Having violated the provisions stated in Article 29 by engaging in employment or activities that are inconsistent with the purpose of visit or residence indicated in the application
5. Having failed to comply with regulations concerning restrictions on his/her residence and activities as set by the National Immigration Agency in accordance with Article 30
6. Having violated the provisions stated in Paragraph 1 of Article 31 by failing to apply for extension of stay or residence prior to the expiration date of the visitor or residence permit; however, exceptions can be made depending on the condition stated in Paragraph 3 of Article 31
7. Previously covered under the provision indicated in Paragraph 4 of Article 31; however, the reason for residence is no longer valid, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate (ARC)
8. Having violated the provisions stated in Paragraphs 1 to 3 of Article 32, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate (ARC)
9. Having violated the provisions stated in Subparagraphs 1 to 3 of Article 33, resulting in the cancellation of the alien’s permanent residence permit and revocation of the Alien Permanent Resident Certificate (APRC)
Upon learning that a criminal act has been committed by an alien (based on the two preceding paragraphs subject to judicial process), the National Immigration Agency shall notify the relevant authorities ten (10) days prior to the execution of forcible deportation. Unless the alien is detained, arrested, taken into custody or banned from exiting the State under the law, the National Immigration Agency may deport or order an alien to exit the State.
The National Immigration Agency shall provide the alien an opportunity to submit claims before deportation is enforced in accordance with the provisions; and shall convene a review committee meeting before deporting the alien, who has already acquired a residence permit or permanent residence permit. However, the alien shall be deported without undergoing a review process if he/she falls under any of the following circumstances:
1. Having presented a written statement waiving his/her rights to file a claim or having chosen to exit the State voluntarily
2. Having been sentenced to deportation as a result of a final court decision
3. Having been ordered to exit the State pursuant to other laws and enactments
4. Having been found guilty of endangering national interest, public safety, and public order or engaging in terrorist activities, an enforcement action shall be immediately undertaken given the urgent and sensitive nature of the matter
Relevant authorities shall enact regulations on the deportation enforcement process mentioned in Paragraphs 1 and 2 along with the respective deportation methods, procedures, and management, as well as other guidelines.
The review committee meeting referred in Paragraph 4 shall be selected and appointed by competent authorities from representatives of relevant agencies, public figures for social justice, scholars and experts. The number of single gender committee members should be no less than one third or more, while scholars and experts should make up one half or more of the total number of committee members.

Article 37

The National Immigration Agency can request concerned departments or organizations for assistance or necessary information that would help investigate nationals without registered permanent residence and are involved in any of the cases mentioned in Paragraphs 1 and 2 of Article 15, as well as aliens who are involved in any of the cases indicated in Paragraph 1 of the preceding Article. The requested departments or organizations must not reject the request except for justifiable reasons.
When nationals without registered permanent residence or aliens have served out their sentences or will be released for a reason, the prison facility, vocational training facility, drug rehabilitation center, reform school, or correctional school should notify the National Immigration Agency.

Article 38

An alien who is sentenced to forcible deportation and falls under any of the following circumstances may be temporarily detained by the National Immigration Agency if a compulsory exit order is difficult or impractical to enforce. The duration of temporary detention may not exceed 15 days. The alien shall be allowed to submit claims before the temporary detention order is implemented:
1. Without relevant travel documents to enforce the deportation order.
2. With whereabouts unknown or intention to escape or unwillingness to leave the country
3. Wanted by a foreign government
After allowing an alien to submit claims in accordance with the provisions of the preceding paragraph and circumstances stated in the preceding paragraph that deem temporary detention unnecessary, the National Immigration Agency may permit him/her to find a national with household registration in Taiwan or a representative of a charitable organization/ NGO or embassy, consulate, or authorized organization in the ROC who can provide bail or pay a specific amount of bail bond, in compliance with part or all of the following conditions of detention alternative sanction, and to facilitate the execution of forcible deportation:
1. Report regularly on one’s life activities at designated Specialized Operation Corps of the National Immigration Agency;
2. Restrict his/her place of residency in designated locations;
3. Accept inspections at designated places;
4. Provide contact information and telephone, and respond promptly when being contacted by any personnel of the National Immigration Agency
In case an alien who is temporarily released from detention violates the aforementioned conditions, the National Immigration Agency may forfeit the bail bond as stipulated in the preceding paragraph.

Article 38-1

An alien who falls under any of the following circumstances, may have his/her detention sanction temporarily suspended:
1. Is mentally impaired or physically sick, and the detention could affect treatment or endanger his/her life
2. Has been pregnant for five (5) months or longer, or has given birth or had a miscarriage for less than two (2) months
3. Children under 12 years old;
4. Has contracted an infectious disease indicated in Article 3 of the Communicable
5. Is unable to take care of himself/herself due to senility or physical or mental disability
6. Has been banned from exiting the State at the request of judicial authorities
Based on the preceding paragraph revoking temporary detention, the National Immigration Agency would desist or cease from detaining an alien in accordance with Paragraph 1 of Article 38-7, and may impose an alternative to detention in line with Paragraph 2 of the preceding Article, as well as notify registered social welfare institutions that provide social welfare medical resources and shelter.

Article 38-2

Any detainee or his/her spouse, blood relative, legal representative, or sibling may verbally or file in writing a notice of motion or objection against the temporary detention order under Paragraph 1 of Article 38 during temporary detention and after receipt of the “Notice of Mandatory Temporary Detention,” with grounds to the National Immigration Agency; the National Immigration Agency shall make a written record if the notice is given orally.
After receiving the notice of motion or objection, the National Immigration Agency shall conduct a review based on its mandate. If it agrees with the foregoing objection, the original temporary detention sanction may be revoked or repealled. If it doesn’t agree with the motion, the detainee shall be presented in court within twenty four (24) hours along with the objection letter, objection records, NIA-written report and case file. However, if the court decides to conduct remote proceedings in accordance with related provisions of the Administrative Litigation Law, it would be assumed that the National Immigration Agency has presented the detainee in court with the corresponding case file and documentation.
In Paragraph 1 wherein a person files a notice of motion in court or against other authorities, the court or other authorities should immediately forward the objection to the National Immigration Agency. The date the NIA receives the notice, shall serve as the starting point for the objection proceedings against the detention order.
The remedy procedures of filing an objection against the temporary detention should be followed. The aforementioned remedy procedures are not be applied to the remedies of revocation or confirmation of an appeal.
The temporary detention deposition shall become invalid since the court ruling against such detention objection has been determined and this allows the release of the detainee.

Article 38-3

The time spent on one of the following circumstances shall not be included in the twenty-four hour restriction indicated in Paragraph 2 of the preceding Article, unless there is no unnecessary delay:
1. The time spent on an unavoidable delay caused by traffic obstruction or force majeure;
2. The time spent during the transfer of an arrestee;
3. The interview cannot be conducted due to a detainee’s health emergency;
4. The person filing the objection according to Paragraph 1 of the preceding Article opposes the preparation of records at night;
5. The records can’t be prepared without the presence of a defense attorney to represent the detainee. The time spent on waiting for an attorney should not exceed four hours. The same rule applies to waiting for persons named in Paragraph 1 of the preceding Article in case a detainee of unsound mind fails to provide a clear and complete statement;
6. The records cannot be prepared without the presence of an interpreter that the detainee may require. The waiting time for an interpreter should not exceed six hours;
7. The time spent while judicial authorities review a criminal case;
Based on the proceeding paragraphs, the National Immigration Agency should specify the reason in the written report handed to the court.
Should the National Immigration Agency fail to bring a detainee to court within twenty-four hours, the detention order shall be revoked and the detainee be released.

Article 38-4

Prior to the deadline of the temporary detention and whether it is necessary to continue the detention sanction, the National Immigration Agency shall apply for a continuation of the detention period by submitting the reasons to the court no later than 5 days before the deadline.
In case the detainee’s passport or travel document is lost or expired with no replacement, or reissued or extended prior to the deadline of the continued detention and whenever it is necessary to continue the detention sanction, the National Immigration Agency shall apply for an extension of the detention period by submitting the reasons to the court no later than 5 days before the deadline.
The period of continued detention shall not exceed forty-five (45) days from the deadline of temporary detention; the period of extended detention shall not exceed forty (40) days from the deadline of continued detention.

Article 38-5

Upon learning that a criminal act has been committed by an alien detainee subject to judicial proceedings, the National Immigration Agency shall notify the relevant judicial authorities ten (10) days prior to the execution of forcible deportation. Unless the alien detainee is detained or banned from exiting the State under the law, the National Immigration Agency may forcibly deport or order the detainee to exit the State.
Before this amended Act was enforced on January 23, 2015, an alien who falls under any of the circumstances listed in Paragraph 1 of Article 38 is suspected of involvement in a criminal act and is detained at a location designated by judicial authorities. Once convicted, the alien is detained for one (1) day at a detention location pursuant to Article 39, which is considered a one (1) day sentence, furthermore, the accumulated days of detention may also offset the fine (penalty) determined based on the provisions prior to the amendment of the Act.
For aliens convicted of involvement in criminal activities who have not completed their sentences before December 9, 2011, their time served in detention places referred to in Article 39 before the enactment would be included in the sentences based on the previous offset provisions.
Before this amended Act was enforced on January 23, 2015, an alien who is detained by the National Immigration Agency for no more than fifteen (15) days may file for a notice of motion or objection against the detention order in accordance with Paragraph 1 of Article 38-2. This can be done before a 15-day period provided that it is necessary to continue the detention. Thus, a continuation of the detention period may be applied for with supporting reasons submitted to the court.
If an alien stated in the preceding paragraph, is detained for fifteen (15) to sixty (60) days or over sixty (60) days when the amendment was enforced, the National Immigration Agency shall necessarily apply for a continuation or extension of the detention period and submit supporting reasons to the court.
Based on the proceeding two Paragraphs, the time period of detention before and after the amended Act was enforced on January 23, 2015 shall not exceed 100 days.

Article 38-6

The subject shall be notified in writing of the temporary detention order, alternative sanction to detention and forcible deportation. Using the subject’s familiar language, the National Immigration Agency must also provide the reasons for the decision, the methods or ways to appeal, the duration of detention, relevant authorities, and other related regulations. The embassy or consulate in Taiwan of the subject’s country of origin, shall also be notified of the detention decision no later than twenty four (24) hours.

Article 38-7

After the National Immigration Agency executes the temporary detention order or if the continued or extended detention is permitted by the court since the detention order is no longer valid, unnecessary, or refutable; the temporary detention order shall be revoked and the detainee would be released.
In case an alien whose temporary detention order is revoked in accordance with Paragraph 1 of Article 38-1, or a detainee whose temporary detention is terminated, violates the detention conditions under Paragraph 2 of Article 38-1, the National Immigration Agency may cancel the bail bond.
When the execution of forcible deportation of a detainee under Paragraph 1 is permitted, as well as continued or extended detention based on a court order, the National Immigration Agency should immediately provide information about the original ruling.

Article 38-8

For an alien whose temporary detention is revoked in accordance with Paragraph 1 of Article 38-1, or a detainee whose temporary detention is terminated or suspended under Paragraph 1 of the preceding paragraph, and falls under any of the following circumstances; the National Immigration Agency may temporarily detain him/her if a compulsory exit order is difficult or impractical to enforce. A continuation of the detention period may be applied for in court prior to the end of the said detention period.
1. Violated the detention conditions stated in Paragraph 2 of Article 38-1;
2. The reason for terminating or suspending the temporary detention is no longer valid.
The time period for repeated detention of an alien mentioned in the preceding paragraph shall be included in the detention period for the same case and shall not exceed 100 days.

Article 38-9

The court may conduct remote proceedings for cases involving objections against detention, continued detention and extended detention.
The methods, procedures and other regulations concerning operating processes that require the National Immigration Agency to send a detainee to court or remotely participate in a court proceeding as stated in the preceding paragraph shall be enacted by Executive Yuan together with the Judicial Yuan.

Article 39

National Immigration Agency shall set up or designate appropriate places for the detention of aliens; the competent authority shall enact regulations that
govern the procedure of detention, means of administration and other matters which must be complied with.

Chapter 7 Prevention of Transnational Human Trafficking and Protection of Victims

Article 40

The chapter shall applies to circumstances related to prevention of transnational human trafficking and protection of victims. Where the chapter has no provisions to regulate other matters related to transnational human trafficking and protection of victims, other laws shall apply.

Article 41

In order to prevent transnational human trafficking effectively, each prosecutor authority shall appoint prosecutors to be in charge of directing investigations and handling of cases on transnational human trafficking and each law enforcement authority shall appoint a unit on prevention of transnational human trafficking and protection of victims, to be in charge of organizing and planning items, duties and businesses related to launching operations against crimes of transnational human trafficking and identification of victims.
Each prosecutor authority and law enforcement authority shall handle professional training on duties of launching operations against crimes of transnational human trafficking and identification of victims regularly.
Each prosecutor authority and law enforcement authority shall ensure the non-disclosure of names of victims of transnational human trafficking and the information of the victims which can be identifiable.

Article 42

The competent authority shall provide the following assistance to victims of transnational human trafficking:
1. Provide physiological assistance, psychological treatment assistance and place assistance.
2. Provide adequate shelters.
3. Provide language and legal consultation services.
4. Ensure personal safety of victims
5. Assign a social worker to assist underage victims during police interrogation, investigations and court proceedings and assist them in providing claims.
6. Other means of assistance.

Article 43

Where victims of transnational human trafficking testify during the investigations of prosecutors or trials, state what they saw or heard, and undertake confrontation and cross-examination pursuant to laws, protection measures shall be applied pursuant to related provisions of the Witness Protection Law, save Article 2 of such Law, after the prosecutors or the judges believe that the victims’ testimonies are beneficial to the proceedings of the investigations or of trials.
Where victims of transnational human trafficking of the preceding Paragraph infringe provisions of other criminal laws or administrative laws, they shall be relieved from liabilities or exempted from liabilities.

Article 44

With regard to the investigation and handling of the case or the circumstances in the trial, the competent authority shall issue a Temporary Visit Permit for a period of not more than six (6) months to a victim of transnational human trafficking who is under protection endowed by the Witness Protection Law, It shall extend the period of the permit if necessary.
The central authority in charge of labour affairs shall issue an employment permit to the victim mentioned in the preceding Paragraph and shall not be confined by the provisions of the Employment & Service Act.
After the case mentioned in the first Paragraph is closed, the competent authority shall, as soon as possible, send the victim mentioned in the first Paragraph back to his/her country of origin safely.

Article 45

With respect to advocacy on prevention of transnational human trafficking, investigation and prosecution of traffickers, and protection and deportation of victims, the competent authority shall should unite related business competent authorities and private organizations and work more closely with countries and international non-governmental organizations which are devoted to prevent human trafficking.

Article 46

The competent authority and the Ministry of Justice shall enact regulations with respect to prevention of and launching operations against transnational human trafficking, concrete measures for protection of victims, means of implementation and other matters that shall be complied with. The regulations shall be submitted to Executive Yuan for ratification.

Chapter 8 Responsibilities of the Captain of an Aircraft, Responsibilities of the Captain of a Vessel, and Responsibilities of Transport Service Proprietor

Article 47

The captain of an aircraft or a vessel, or the proprietor of other means of transport service shall assist staff of National Immigration Agency when they are performing their official duties in accordance with the present Act and other laws and decrees concerned.
The captain of an aircraft or vessel, or transport service proprietor stated in the preceding Paragraph shall not use his aircraft, vessel, or other means of transport to carry passengers without documents needed to enter the State. This provision, however, does not apply to a national from a nation and with the consent of the Ministry of Foreign Affairs, this national is granted a Landing Visa or a Visa Exemption.

Article 48

Before an aircraft, a vessel, or any other means of transport arrives at or departs from an airport or a seaport, its captain, or transport service proprietor shall notify National Immigration Agency in advance of the time of its scheduled arrival and departure, a list of the names of its flight crew or sailors, and passengers, and of other matters concerned. The list of the names of the passengers shall be divided into the columns of entry, exit and transit respectively.

Article 49

The captain of an aircraft or a vessel, or the transport service proprietor stated in the preceding Article shall report flight crew, sailors, or passengers to National Immigration Agency if they have no passports, flight crew identification documents, seaman service books or have been involved in various illegal matters, such as being deported or denied entry by other countries or illegal entry.
When an aircraft, a vessel, or any other means of transport departs from the State, its captain, or transport service proprietor shall send National Immigration Agency a list of names of the flight crew or sailors, and passengers, who have entered the State to make an temporary stay.

Article 50

The captain of an aircraft or a vessel, or the transport service proprietor shall be responsible for arranging transport on the day in question or of the earliest run to deport passengers, sailors, or flight crew on board his aircraft, his vessel, or other means of transport, if they meet one of the following circumstances:
1. Have been banned from entering the State pursuant to Article 7 or Paragraph 1, Article 18.
2. Have made a temporary entry into the State pursuant to Paragraph 1 of Article 19.
3. Have stayed for overnight lodging pursuant to Paragraph 1 of Article 20.
4. Have no documents needed to enter the State pursuant to Paragraph 2 of Article 47.
During the time in which the people enumerated in the Subparagraphs of the preceding Paragraph are waiting for deportation, National Immigration Agency shall designate shelters and/or be responsible for looking after them.
Except for the circumstance set forth in Subparagraph 1, the concerned transport service proprietor shall pay for the related expenses.

Chapter 9 Immigration Guidance and Administration of Immigration

Article 51

The government shall provide protection, care, assistance, planning, and guidance to immigrants.
The competent authority shall coordinate with other government bodies (institutions) or private organizations to provide to immigrants services such as consultation, lectures language and skills training.

Article 52

The government may dissuade nationals from planning to immigrate to countries or regions where wars or epidemics are ongoing or where nationals are rejected.

Article 53

Mass immigration shall be operated by private organizations or by the competent authority which carries it out through evaluating, coordinating, and guiding international economic cooperative investment, rewarded overseas investment, agricultural technology cooperation, or other measures.

Article 54

The competent authority may coordinate with the departments concerned to help establish overseas Chinese schools or encourage local banks to establish overseas branches according to the actual needs of immigrants and in accordance with local laws and regulations.

Article 55

The operation of immigration services is exclusively reserved for corporate organizations which shall apply for an establishment permit from National Immigration Agency, register themselves as corporations in accordance with laws, and receive licenses from the Agency respectively before they can begin immigration services. Although the operation of immigration services is not limited to corporate organizations in accordance with Article 47-7 of the Lawyer Act, other provisions pursuant to the immigration service organizations of the State shall apply mutatis mutandis.
Foreign immigration service organizations that establish their branches in the State shall apply for an establishment permit from National Immigration Agency, acquire approval in accordance with the Company Act, and receive a license from the Authority before they can begin immigration services.
The immigration service organizations stated in the two preceding Paragraphs shall apply to National Immigration Agency for permission of their changes in their registered items or for filing of and future reference of the changes within fifteen (15) days from the second day of the date of the occurrence of the fact; they shall apply to the Agency for a change of their licenses within one (1) month after they complete handling changes of corporate registration items respectively.
Where the central authorities in charge of labour affairs permit private employment service institutions to engage in transnational human resources Agency businesses, the institutions shall handle businesses concerning residence on behalf of the aliens employed the institutions respectively.

Article 56

An Immigration service organization may render each of the following various immigration services:
1. Acting as an agent to handle matters concerning applications for residence, registered permanent residence, permanent residence, or naturalization.
2. Acting as an agent to handle matters concerning applications for non-tourist visitor visas.
3. Conducting immigration funds counseling related to investment and brokerage, which are exclusively needed for the protection of immigrants' rights.
4. Providing counseling on other matters concerning immigration.
Where an immigration service organization handles overseas immigration funds counseling and brokerage as provided by Subparagraph 3 of the preceding Paragraph, it shall apply to National Immigration Agency for permission on case-by-case basis. National Immigration Agency shall negotiate with the competent authority for the securities with respect the application filed for permission of the securities business which falls under the securities business set forth in the Securities and Exchange Act. After they consent the business, they shall approve it.
Immigration service organizations which render the services stated in Subparagraph 3 of Paragraph 1 shall not receive the amounts of money related to immigration investment funds.
Before the immigration service organization which produce advertisements for the various services stated in each of the subparagraphs of Paragraph 1 can disseminate, broadcast or publish these advertisements, immigration organizations designated by National Immigration Agency shall review and affirm the content of these advertisements, and grant trade names, which signify the immigration organizations’ reviews and affirmation of the content of the advertisements, to the immigration service organization. However, the advertisements produced by an overseas immigration funds counseling or a brokerage must be transferred for immigration associations’ reviews and affirmation on case-by-case basis. Then the advertisements shall be re-transferred for the approval of National Immigration Agency before they can be disseminated, broadcasted or published. National Immigration Agency shall negotiate with the competent authority for the securities with respect the application filed for permission of the securities business which falls under the securities business set forth in the Securities and Exchange Act. After they consent the business, they shall approve it.
Advertising enterprises, publication enterprises, broadcast corporations, television corporations, electronic signaling corporations, internet enterprises or other media enterprises shall not disseminate, broadcast or publish an immigration service organization’s advertisements which are not endowed or issued with trade names signifying the immigration organizations’ reviews and affirmation of the content of the advertisements.
An immigration service organization shall submit its operation conditions annually and keep related information for five (5) years. It shall not avoid, obstruct or refuse an inspection conducted by National Immigration Agency.
When an immigration service organization is commissioned to handle businesses set forth in each subparagraph of Paragraph 1, it shall sign a written agreement with the principal. National Immigration Agency shall formulate a related table of tariff by referring to the market prices. It shall promulgate the table after the formulation.

Article 57

An immigration service organization shall fulfill the following requirements before applying for establishment permission:
1. Has more than a certain amount of net capital.
2. Employs full-time specialists whose qualifications and number have met requirements.
3. Has deposited a certain amount of money as security at a financial organization.
4. Has met other mandatory requirements designated by the competent authority.
The competent authority shall enact regulations that govern a procedure of application for establishment permission of an immigration service organization; documents that shall be prepared; net capital; qualifications of the person in charge of the organization; qualifications of a specialist; number; training; tests; guidance and administration; amount of margin; revocation of permits; issuance, reissuance, cancellation and collection of a registration license; documents which must be prepared for an application for permission of handling immigration funds; review and affirmation of advertisements on immigration businesses; and other matters which shall be complied with.

Article 58

Transnational marriage match shall not be an operating item.
Transnational marriage agencies shall not demand remunerations or contractual emunerations.
No person shall disseminate, broadcast or publish advertisements of transnational marriage agencies through advertising, publication, broadcast, television, electronic signaling, internet or other means that can make the advertisements publicly known.

Article 59

The operation of profit making transnational marriage agencies and of non-profit transnational marriage agencies shall be permitted by National Immigration Agency and they shall submit their business conditions to the Agency regularly.
The agencies mentioned in the preceding Paragraph shall keep the information on their businesses for five (5) years respectively. They shall not avoid, obstruct or refuse inspections conducted by National Immigration Agency.
The competent authority shall enact regulations that govern requirements for an application for permission mentioned in Paragraph 1, an application procedure, the period of review, revocation and repeal of permits, business inspection, supervision and administration, and other matters which shall be complied with.

Article 60

A transnational marriage agency shall be obliged to accomplish inspecting and proving the content of the information provided by both parties who are to be matched and to keep confidential of the information. After both parties reach a written agreement, they are to provide information to each other integrally and reciprocally.
The written agreement mentioned in the preceding Paragraph shall be made in the official language of the country where a party being to be matched resides.

Article 61

The companies or films which were legally established and before September 26, 2006 and that marriage matching businesses were operating items shall not engage in transnational marriage match from the first day of the expiration of the implementation period – one (1)-year period – of the amended texts dated November 30, 2007.

Article 62

Any person shall not discriminate against people residing in the Taiwan Area on the basis of nationality, race, color, class and place of birth.
Any person whose rights are trespassed due to the discrimination mentioned in the preceding Paragraph can file a complaint to he competent authorities on the basis of the situations of the trespass, unless the matter is regulated by other laws otherwise.
The competent authorities shall enact regulations that govern items, requirements for filing a complaint mentioned in the preceding Paragraph, complaint procedures and the composition of a review committee.

Chapter 10 Interview and Investigation

Article 63

For the purposes of handling inspections of entry and of exit, investigating cases whose applications have been accepted, and investigating cases on illegal entry and illegal exit, the act of overstaying a visit, the act of overstaying the period of residence, engagement in activities or employment that is different from the purposes permitted, or forcible deportation, the staff of National Immigration Agency shall carry out the functions provided under this chapter.
The staff shall perform the functions mentioned in the preceding Paragraph on people of the Mainland Area, residents of Hong Kong or Macau.

Article 64

When the staff of National Immigration Agency inspect entry and exit and there are sufficient facts for the staff to believe that the person being inspected meets one of the following circumstances, the staff shall detain him/her in the service unit temporarily and conduct an investigation then:
1. The passport, other entry documents or exit documents held by the person are obviously invalid, counterfeited or changed.
2. The person refuses to receive an inspection or severely obstruct the inspection procedure.
3. The person is believed to conduct an act set forth in Articles 73 or 74.
4. The person meets one of the circumstances on prohibition of entry or exit as provided under the present Act.
5. The person is detained temporarily upon the notification from a judicial authority or a military authority due to his/her involvement in a case.
6. Other circumstances which temporary detention is deemed necessary pursuant to laws.
With respect to the temporary detention imposed on the person pursuant to the provisions of the preceding Paragraph, the staff shall cease the detention immediately when the purposes of imposing such detention have realized or are no longer required. For nationals of the State, the duration of temporary detention shall not exceed two (2) hours; as for aliens, people of the Mainland Area, residents of Hong Kong or Macau, the duration shall not exceed six (6) hours.
The competent authority shall enact regulations that govern the enforcement procedure on temporary detention provided under Paragraph 1, and other matters that must be complied with.

Article 65

When National Immigration Agency receives cases concerning the applications as follows, it shall interview applicants at the time of receiving their applications or on the date chosen by it. The Agency shall commission related authorities (institutions) to handle interviews if necessary.
1. Aliens apply for visits, residence or permanent residence in the Taiwan Area.
2. Nationals without registered permanent residence, people of the Mainland Area, residents of Hong Kong or Macau apply for visits, residence or permanent residence in the Taiwan Area.
Where the applicant who accepts the interview mentioned in the preceding Paragraph has not reached the age of fourteen (14), his/her legal representative shall be interviewed together with the applicant.
The competent authority shall enact regulations that govern the means of carrying out the interview provided under Paragraph 1, working procedures, documents that must be prepared and other matters which must be complied with.

Article 66

For the purpose of investigating the facts and evidence about a person’s violation of laws, National Immigration Agency shall notify in writing related people to attend an inquiry at the designated place.
The notification shall record the purposes of conducting an inquiry, the time and place of the inquiry, the name of the staff who is in charge of the inquiry, and the effects of commissioning others to appear at the inquiry and the effects resulted from being absent at the inquiry.
A person who is notified pursuant to the preceding Paragraph shall not refuse to appear at the inquiry without justifiable reasons.
The provisions of the regulations stipulated pursuant to Paragraph 3 of the preceding Article shall apply mutatis mutandis to the inquiry provided under Paragraph 1.

Article 67

When the staff of National Immigration Agency carry out investigations, they shall enter related business places, transportation vehicles or public places, and inspect and prove the identities of persons listed in each subparagraph as follows:
1. There are sufficient facts for the staff to believe that a person overstays a visit, the period of residence or shall be deported from the State forcibly.
2. There are considerable and sufficient reasons for the staff to believe that a person have conducted an act or is likely to conduct an act provided under Articles 73 or 74.
3. There are sufficient facts for the staff to believe that a person has been involved in activities or employment that is different from the purposes of his or her entry.
4. There are considerable and sufficient reasons for the staff to believe that a person has entered the State or exited the state illegally.
5. There are considerable and sufficient reasons for the staff to believe that a person makes other people to enter the State or exit the state illegally.
The staff who are authorized to enter the business places to investigate and seek evidence pursuant to the preceding Paragraph can only enter the places during the business hours.
The person in charge or the administrant of the business place mentioned in Paragraph 1 shall not avoid, obstruct or refuse the inspection conducted pursuant to Paragraph 1 without justifiable reasons.
The competent authority shall enact regulations that govern the scope of business places provided under Paragraph 1 and publishes it in the Government Gazette.

Article 68

The staff of National Immigration Agency shall adopt the following mandatory measures to check the identity of a person:
1. Stop people, cars, boats or other transportation vehicles.
2. Enquire about a person’s name, date of birth, nationality, information on entry and exit, domicile, period of a visit or residence in the Taiwan Area, and related identification numbers.
3. Produce identification documents.
4. There are sufficient facts for the staff to believe that a person who is checked by the staff carries with him/her things that are sufficient to endanger the life and injure the body of the staff or of the person under the check and the staff shall check the person’s body and the things carried by the person. The staff shall seize such things if necessary.

Article 69

The check conducted by the staff of National Immigration Agency pursuant to Article 67 shall be proceeded on-site, Upon the consent of the person under the check or if one of the following circumstances occurs on-site, the staff shall take the person to the service place:
1. There is no way to ascertain the identity of the person,
2. Proceeding the check will cause disadvantageous effects on the person under the check.
3. Transpiration is obstructed or peace is disturbed.
4. The passport, other documents on exit or entry held by the person under check are obviously invalid, counterfeited or changed.
5. The person refuses to undergo a check.
6. The person has conducted an act provided under Articles 73 or 74.
7. A situation which falls in the circumstances provided under this present Act.
8. Upon the notification from a judicial authority or a military authority, the person is to be detained due to his/her involvement in a case.
When the staff takes the person under the check to the service place pursuant to the preceding Paragraph, he/she shall not use force against the person who does not resist against the check. In addition, the duration of the check shall not exceed three (3) hours, starting from the time of stopping the person for the check. The staff shall immediately notify a family member, relative, friend or lawyer designated by the person.

Article 70

Where National Immigration Agency receives cases on applications for visits, residence, permanent residence or registered permanent residence in the Taiwan Area from applicants due to their marriages or adoption, it shall send its staff to investigate the domicile (residence place) of the applicant in the Taiwan area if necessary.
The person under an investigation shall be notified of the investigation provided under the preceding Paragraph before the investigation is carried out.
The investigation provided under the preceding Paragraph shall not be carried out in the evening. This provision shall not apply if one of the following circumstances occurs:
1. The person under the investigation, residents of the domicile or people who can be representatives of the foresaid people agree to the execution of the investigation in the evening.
2. The investigation starts during the day; after the consent of the person under the investigation, the investigation can be continued to the evening.

Article 71

National Immigration Agency shall proceed investigations and the registration of nationals without registered permanent residence, aliens, people of the Mainland Area, residents of Hong Kong, and resident of Macau, who have stayed in the State for more than three (3) months, resided or permanently resided in the area.
Nationals without registered permanent residence, aliens, people of the Mainland Area, residents of Hong Kong, and resident of Macau shall not avoid, obstruct or refuse the investigations and the registration provided under the preceding Paragraph.
The competent authority shall enact regulations that govern the procedure for proceeding an investigation pursuant to Paragraph 1 and Paragraph 1 of the preceding Article, items for registration, means of handling or other matters that must be complied with.

Article 72

The staff of National Immigration Agency who investigate cases on overstayed visits, overstayed period of residence, illegal entry, illegal exit, shelter or deportation shall carry precautionary appliances or weapons with them.
The staff mentioned in the preceding Paragraph shall use precautionary appliances if any of the following circumstances occurs:
1. A person shows an act of resistance,
2. A person attacks the staff or other people, damages articles of the staff or other people, or is believed to attack or damage.
3. A person escapes or is believed to escape.
4. A person commits suicide or injures himself or herself, or is believed to commit suicide or injure himself or herself.
The staff mentioned in Paragraph 1 shall use weapons if any of the following circumstances occurs:
1. The staff’s lives, bodies, freedom or equipments are endangered or threatened, or there are sufficient facts to believe that the foresaid parts are endangered.
2. People’s lives, bodies, freedom or property are endangered or threatened, or there are sufficient facts to believe that the foresaid parts are endangered.
3. Lands, architecture, work pieces, cars and boats which are guarded are endangered.
4. A person possesses with lethal weapons and is believed to cause trouble. After he/she is warned to throw the weapons away, he/she still does not move.
5. Search, seize or arrest persons who overstay visits, or the period of residence, enter or exit the State illegally, or violate other laws; or search or seize the transportation vehicles of the foresaid persons, but these people resist and do not conform to the foresaid orders executed by the staff of National Immigration Agency, or they escape. A person who assists another person in committing the foresaid offenses shall be subject to the same treatment.
6. The staff must use weapons to force or stop the occurrence of circumstances set forth in Subparagraphs 1 to 3 of the preceding Paragraph.
Where the staff mentioned in Paragraph 1 use precautionary appliances or weapons and result in injuring people, death of people or loss in property, National Immigration Agency shall provide compensation and indemnification and Article 11 of the Police Weapon Use Statute shall apply mutatis mutandis. Where the injuries of people, death of people or loss of property is resulted from an intentional act of the Agency’s employee, the employee shall compensate the Agency.
The competent authority shall enact regulations that govern types and specifications of precautionary appliances, types and specifications of weapons, attentions and other matters that must be complied with.
Precautionary appliances and weapons provided under Paragraph 1 shall not be manufactured, sold or kept without the permission of police authorities. Article 14 of the Police Weapon Use Statute shall apply mutatis mutandis to people who infringe this provision.

Chapter 11 Penalties

Article 73

A person who exchanges, hands over certificates, or uses other illegal means at airports or seaports, in order to use an aircraft, a vessel, or any other means of transport to carry people not to be transported to the State or any countries according to any contracts shall be punished with imprisonment for not more than five (5) years, detention, and/or a fine of not more than NT$ 2 million.
A person who attempts acts stated in the preceding paragraph shall be punished.

Article 74

A person who enters and/or exits the State without permission or breaks an exit ban shall be punished with imprisonment for not more than three (3) years, detention, and/or a fine of not more than NT$ 90,000.

Article 75

An immigration service organization shall be punished with a fine between NT$ 200,000 and NT$ 1 million if it applies for an establishment permit without compliance with laws and has acquired a registration license, or if it operates immigration services pursuant to each subparagraph of Paragraph 1, Article 56 after revocation or appeal of the permit. The penalties shall be imposed on the organization every time the organization violates this provision.

Article 76

If any of the following circumstances occurs, the violator of this provision shall be fined between NT$ 200,000 and NT$ 1 million. The penalty shall be imposed on the person every time the person violates this provision.
1. A company or a firm engages in transnational marriage match.
2. A person engages in transnational marriage match and demand remunerations or contractual remunerations.

Article 77

A person who violates the exceptions provided under Paragraph 1 of Article 5 and exits the State without approval shall be fined between NT$ 100,000 and NT$ 500,000.

Article 78

If any of the following circumstances occurs, the violator of this provision shall be fined between NT$ 100,000 and NT$ 500,000. The penalty shall be imposed on the person every time the person violates this provision.
1. A person violates Paragraph 3 of Article 58 by commissioning others to or being commissioned to disseminate, broadcast or publish advertisements on transnational marriage match; or by disseminating, broadcasting or publishing advertisements on transnational marriage match on his/her accord.
2. A person violates Paragraph 1 of Article 59 by engaging in transnational marriage match without permission; or engages in transnational marriage match after the permission is revoked or repealed.

Article 79

If an immigration service organization meets one of the following circumstances, it shall be fined between NT$ 30,000 and NT$ 150,000 and ordered to take necessary corrective action within the time prescribed in the order. If after the lapse of such period, it still does not take necessary corrective action, it shall be ordered to have its business closed.
1. It applies to National Immigration Agency for re-issuance of a registration license without complying with Paragraph 3 of Article 55.
2. It violates Paragraph 2 of Article 56 by failing to have its engagement in counseling, brokerage and immigration funds permitted by National Immigration Agency on an ad hoc basis.
3. It violates Paragraph 3 of Article 56 by collecting the amount of money related to immigration investment funds.
4. It violates Paragraph 4 of Article 56 by disseminating, broadcasting or publishing advertisements on immigration businesses, which have not been reviewed, affirmed or approved.
5. It violates Paragraph 6 of Article 56 by failing to submit its annual business operation; having submitted untrue annual business operation; keeping related information without complying with the provisions; or avoiding, obstructing or refusing an inspection.
6. It violates Paragraph 7 of Article 56 by failing to sign a written agreement with the principal.
Advertising enterprises, publication enterprises, broadcast corporations, television corporations, electronic signaling corporations, internet enterprises or other media enterprises, which violate Paragraph 5 of Article 56, shall be fined between NT$ 30,000 and NT$ 150,000. They shall be ordered, in addition, to cease dissemination, broadcast or publication. The enterprises which have not ceased to disseminate, broadcast or publish advertisements mentioned in the said provision, shall be fined between NT$ 60,000 and NT$ 300,000. Additionally, the penalty shall be imposed on the enterprise every time it violates this provision.

Article 80

If a person meets one of the following circumstances, he/she/its shall be fined between NT$ 30,000 and NT$ 150,000. Additionally, the penalty shall be imposed on the person every time the person violates this provision.
1. Has submitted the business condition without compliance with Paragraph 1 of Article 59.
2. Has kept the information on match business or avoided, obstructed or refused the inspection without compliance with Paragraph 2 of Article 59.
3. Violates the fore part of Paragraph 1 of Article 60 by failing to accomplish inspecting and proving the content of the information provided by parties who are to be matched and to keep confidential of the information.
4. Violates the second part of Paragraph 1 of Article 60 by providing individual information to others or intentionally concealing the individual information which are required to be provided to others without the written consent of the party who is to be matched.

Article 81

When the competent authority receives a complaint set forth in Article 62 and believes that the matters violate such a provision, it shall notify the person who violates the law to take necessary corrective action within the time prescribed in the order. If after the lapse of such period, the person still does not take necessary corrective action, he/she/its shall be fined between NT$ 5,000 and NT$ 30,000.

Article 82

A person who violates Paragraph 2 of Article 47 by using an aircraft, a vessel, or any other means of transport to carry passengers without documents needed to enter the State shall be fined between NT$ 20,000 and NT$ 100,000 for each passenger carried.
A person who assists another person in committing the offenses set forth in the preceding Paragraph shall be subject to the same punishments.

Article 83

The captain of an aircraft or a vessel, or the transport service proprietor, who violates one of Paragraph 1 of Article 47 and Articles 48 to 50 without justifiable reasons, shall be fined between NT$ 20,000 and NT$ 100,000 for each single violation.

Article 84

A person who violates Paragraph 1 of Article 4, and enters the State or exits the State without being inspected, shall be fined between NT$ 10,000 and NT$ 50,000.

Article 85

If a person meets one of the following circumstances, he shall be fined between NT$ 2,000 and NT$ 10,000:
1. Refuses to produce his/her passport, Visit Permit in the Taiwan Area, Alien Resident Certificate, Alien Permanent Residence Certificate, Entry permit or other identification documents.
2. Applies for an Alien Residence Certificate without conforming to the prescribed period provided under Paragraph 2 of Article 22 or Article 26.
3. Handles a change of registration without conforming to Paragraph 7 of Article 9 or Paragraph 5 of Article 31.
4. A national without registered permanent residence or an alien overstays a visit or a period of residence.
5. Violates Paragraph 2 of Article 66 by refusing to take an interview on-site.
6. Violates Paragraph 3 of Article 67 by avoiding, obstructing or refusing an inspection.
7. Violates Paragraph 2 of Article 71 by voiding, obstructing or refusing an inspection and registration.

Article 86

Where an immigration service organization disseminates, broadcast or publishes the advertisements on immigration businesses, which have been reviewed and affirmed but no trade name of the registration license, and the trade name which signifies a review and an affirmation over advertisements on immigration or the approved trade name is specified in the advertisements, National Immigration Agency shall give the organization a warning and order it to take necessary corrective action within the time prescribed in the order. If after the lapse of such period, it still does not take necessary corrective action, the Agency shall order it to close its business.

Article 87

If an immigration service organization meets one of the following circumstances, its permit shall be repealed, the registration license shall be cancelled and the announcement with respect to the foresaid matters shall be made. The competent authority in charge of registration of companies shall be informed to repeal the company’s registration or parts of registered items.
1. A judicial authority held that the organization assisted the party, who commissioned the organization to handle immigration affairs, in filling out forms and submitting untrue certificates.
2. Is commissioned to handle immigration affairs and defrauds the party who commissions it.
3. Loans the registration license to others for business uses.
4. Is ordered to close its business.
5. Does not comply with the requirements stipulated under Paragraph 1 of Article 57 for the purpose of establishment permission due to changes of circumstances. The organization is notified to take necessary corrective action within the time prescribed in the order, but after the lapse of such period, it still does not take necessary corrective action.

Chapter 12 Supplementary Provisions

Article 88

With respect to the circumstances which fall in Subparagraphs 4 and 5, Paragraph 1 of Article 6, Subparagraph 8, Paragraph 1 of Article 9, Subparagraph 1, Paragraph 1 of Article 11, Subparagraphs 13 and 15, Paragraph 1 of Article 18, Subparagraphs 1 and 2, Paragraph 1 of Article 24 and Paragraph 3 of Article 25, the competent authority shall employ generally recognized impartial people and invite related authorities to review the circumstances jointly.
Any person who passes the review shall be consented or permitted to enter or exit the State; reside, permanently reside, or register at a household registry and reside permanently in the State; or change reasons for residence.

Article 89

The officers with a recommended rank or its equivalent or a higher rank who work for the departments that are in charge of entry, exit, and immigration control under National Immigration Agency are regarded as senior judicial police officers pursuant to Articles 229 and 230 of the Code of Criminal Procedure when they are investigating illegal entry, exit and immigration.
The officers with a delegated rank or its equivalent are regarded as junior judicial police officers pursuant to Article 231 of the Code of Criminal Procedure.

Article 90

The staff of national Immigration Agency shall dress in uniforms or produce certificates to show their identities while performing their functions. The competent authority shall enact regulations that govern the uniforms and other matters that must be complied with.

Article 91

When aliens, nationals without registered permanent residence, people from Mainland China, as well as residents of Hong Kong and Macau undergo inspection of their licenses upon entry/exit of the State or apply for residence or permanent residence, the National Immigration Agency shall obtain and keep a record of every individual’s biometric information.
The preceding paragraph does not apply to any of the following circumstances:
1. A person under the age of fourteen (14)
2. A person exempted from applying for an Alien Resident Certificate pursuant to Paragraph 1, Article 27
3. Other cases approved by the National Immigration Agency
The National Immigration Agency may prohibit any person who hasn’t provided his/her biometrics pursuant to Paragraph 1, from entering and residing temporarily or permanently in the State.
The relevant authority shall enact regulations on the collection of individual biometrics, content of information, measures, administration and application of biometrics, as well as compliance with other requirements.

Article 92

A person who reports factual information on violations of the provisions of the present Act may be rewarded if the information proves to be true after investigation; the competent authority shall enact the regulations that govern a reward procedure; scopes, amounts and issuance of rewards, and other matters that must be complied with.

Article 93

The provisions of the present Act that concern aliens shall apply mutatis mutandis to nationals who have acquired a foreign nationality and have entered the State with a foreign passport, and people without nationality.

Article 94

National Immigration Agency, coast guard authorities, police authorities, investigation authorities and other related authorities shall coordinate and keep track closely and meet each of these authorities to establish a coordination and liaison mechanism.

Article 95

Fees shall be collected for certificates issued in accordance with this present act, save the following certificates:
1. An Exit Permit, which is issued to a national without registered permanent national, and is stuck to a passport.
2. A Temporary Visit Permit.
3. A Single Entry Permit which is applied by an overseas commissioner or a local commission.
4. A Single Entry Permit which is applied by a national without registered permanent residence in the Taiwan Area during the period from September 1 to October 10 each year for the participation of festivities.
5. A Re-entry Permit granted to an alien.
6. Permission to extend a visit of an alien after the alien’s entry.
7. An Alien Permanent Residence Certificate permitted pursuant to Paragraph 3 of Article 25.
8. An Alien Resident Certificate or an Alien Permanent Resident Certificate applied by people of specific countries which hold the principle of reciprocity in the eyes of the Ministry of Foreign Affairs or based on treaties or agreements.

Article 96

The competent authority shall enact the enforcement regulations of the present Act.

Article 97

The effective date of the Act shall be decided by the Executive Yuan.