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Title: Regulations Governing Approval for Mainland-Area Professionals to Engage in Professional Activities in Taiwan
Date: 2013.12.30 ( Announced )
Date: 2013.12.30 ( Amended )

Article Content

 
Article 1     These Regulations are promulgated pursuant to Article 10 paragraph 3 of the Statute Governing Relations Between Taiwan Area and Mainland Area Citizens (hereinafter referred to as the "Statute").
Article 2     The Ministry of the Interior is the competent authority of these Regulations.
    The competent authority shall review the particulars of applications in consultation with the competent authority of the target enterprise and other relevant authorities.
Article 3     Professionals from the Mainland area applying to visit Taiwan to engage in professional activities shall, at least two months prior to their scheduled arrival date in Taiwan, file an application in accordance with the following requirements:
  1. For those from the Mainland area: The inviting body shall apply with the competent authority on behalf of the applicant; or
  2. For those from a third area: The applicant shall apply with the embassy or consulate, representative office, office, or other authorized overseas agency of the Republic of China (ROC) and, subsequent to approval, shall submit the application to the competent authority for processing. However, where the area has no such agencies, the inviting body may apply with the competent authority on behalf of the applicant.
    Mass media personnel from the Mainland area applying to visit Taiwan to engage in touring, interviewing, filming, or the producing of programs shall, at least one month prior to their scheduled arrival date in Taiwan, file their application. However, this restriction shall not apply where there is a special need for interviews.
    Outstanding folk arts and craftsmen from the Mainland area applying to visit Taiwan for teaching and study, technicians from the Mainland area applying to visit Taiwan to participate in technical research, and professionals from the Mainland area applying to visit Taiwan to present lectures at public schools shall, at least three months prior to their scheduled arrival date in Taiwan, apply with the competent authority via the inviting body.
Article 4     With regard to professionals from the Mainland area visiting Taiwan to engage in professional activities, the qualifications and application documents required of the inviting body shall be drafted by the competent authority in consultation with the relevant competent authority of the target enterprise, and be submitted to the Executive Yuan's Mainland Affairs Council for review and later announcement.
Article 5     When receiving applications, the competent authority shall deliver a copy of each application together with the relevant documents to the relevant competent authority of the target enterprise for review of professional qualifications.
Article 6     The relevant competent authority of the target enterprise may establish a review panel to review the professional qualifications of each applicant and the exigency of their visit to Taiwan. The relevant competent authority of the target enterprise may also require applicants to provide related information and documents.
Article 7     With regard to professionals from the Mainland area visiting Taiwan to engage in professional activities, the competent authority and relevant competent authority of the target enterprise may restrict the number of such professionals according to the nature of their activities.
Article 8     In the event of incidents, circumstances having a significant impact on interests in the Taiwan area, or circumstances having an important bearing on cross-strait relations, the Mainland Affairs Council may, in consultation with the competent authority and the relevant competent authority of the target enterprise, on an ad hoc basis, grant permission to Mainland area citizens applying to enter the Taiwan area to engage in activities consistent with the purpose for which the permission was granted.
Article 9     With regard to professionals from the Mainland area visiting Taiwan to engage in professional activities, an original copy of the issued travel permit shall be sent to an agency in Hong Kong or Macao established or designated by the approving agency or the Executive Yuan, or to a non-governmental organization (NGO) in Hong Kong or Macao commissioned by the approving agency or the Executive Yuan, for issuance to and carrying by the applicant at airport immigration and customs during entry and exit. A photocopy of the travel permit shall be sent to the inviting body by the competent authority.
    Where the original copy of the travel permit obtained according to the provisions in the preceding paragraph is damaged or lost, the inviting body shall apply for issuance of another permit by submitting to the competent authority the original application for the permit and an explanatory statement together with the damaged article or a loss report.
Article 10     Professionals from the Mainland area granted permission to enter Taiwan to engage in professional activities shall, upon entry, carry a return plane (boat) ticket. However, this restriction shall not apply to technicians from the Mainland area applying to visit Taiwan to participate in technical research and outstanding folk arts and to craftsmen from the Mainland area applying to visit Taiwan for teaching and study whose period of stay will exceed six months.
    Professionals from the Mainland area granted permission to enter Taiwan to engage in professional activities shall, upon their entry, carry a residence permit or a reentry visa for a third area valid for the period of stay.
Article 11     Where there are changes to the plan of professionals from the Mainland area granted permission to enter Taiwan to engage in professional activities, the inviting body shall submit to the competent authority for recordation the altered plan of activities together with the original plan and approval.
    Upon receiving the case [documents] submitted for recordation referred to in the preceding paragraph, the competent authority shall deliver to the relevant competent authority for the target enterprise photocopies of the relevant documents.
Article 12     The period of stay of professionals from the Mainland area visiting the Taiwan area may not exceed two months from the day next following the date of entry. This shall be checked and verified by the competent authority. Upon expiration of the period of stay, application for extension may be filed. The total period of stay may not exceed four months per annum.
    For professionals from the Mainland area applying to visit Taiwan to give lectures or mass media personnel from the Mainland area applying to visit Taiwan to engage in touring, interviewing, filming, or the producing of programs, the period of stay may not exceed six months. However, where the lectures have merit and are effective, and where this would be enhanced if continued, subject to the consent of the relevant competent authority of the target enterprise, application for extension may be filed. The total period of stay may not exceed one year.
    For Mainland area technicians applying to visit Taiwan to engage in technical research, the period of stay may not exceed one year. However, where the research has merit and is effective, and where this would be enhanced if continued, or where the expansion of the research and development plan would lead to the creation of new areas of research, subject to the consent of the relevant competent authority of the target enterprise, application for extension may be filed. The total period of stay may not exceed two years. Upon expiration of the total period of stay in Taiwan, where, based on research requirements, the inviting body plans to extend another invitation, such professionals must first exit the country before they may apply anew to visit Taiwan.
    For Mainland area outstanding folk arts and craftsmen, the period of stay may not exceed one year. However, where the teaching and study have merit and are effective, and where this would be enhanced if continued, or where the expansion of the promotional plan would lead to the creation of new areas of research, subject to the consent of the relevant competent authority of the target enterprise, application for extension may be filed. The period of stay may not exceed one year, and the total period of stay may not exceed two years.
Article 13     Where Mainland area professionals granted permission to enter Taiwan to engage in professional activities apply for an extension in accordance with the provisions referred to in paragraph 1 of the preceding article, at least 10 days prior to the expiration of the period of stay, the following documents shall be submitted by the inviting body to the competent authority:
  1. Application for extension;
  2. Travel permit;
  3. Temporary resident registration multipart form; and
  4. Plan and itinerary for extension.
    For those applying for extension under the proviso in paragraph 2 of the preceding article, a letter of consent from the relevant competent authority of the target enterprise shall be provided. For those applying for extension under the provisions in paragraph 3 of the preceding article, an application for participation in technical research and a letter of consent from the relevant competent authority of the target enterprise shall be submitted. For those applying for extension under the provisions in paragraph 4 of the preceding article, a specific plan and a letter of consent from the relevant competent authority of the target enterprise, together with the documents referred to in the preceding paragraph shall be submitted to the competent authority for processing at least two months prior to the expiration of the period of stay.
    With regard to the application for extension referred to in paragraph 1, the competent authority shall seek the opinion of the relevant competent authority of the target enterprise.
Article 14     Mainland area professionals in Taiwan whose period of stay has expired may be granted an extension for any one of the following circumstances:
  1. Those whose family member within the second degree of kinship, stepmother or stepfather, parent of spouse, spouse, or spouse of child in the Taiwan area has died;
  2. Those who are stricken with disease, disaster, or other extraordinary mishap;
    For circumstances falling under subparagraph 1 of the preceding paragraph, discretionary extension of two months may be granted. For circumstances falling under the subparagraph 2 of the preceding paragraph, discretionary extension of one month may be granted. Such extensions, if granted, shall commence on the date of the mishap.
Article 15     For Mainland area professionals applying to visit Taiwan, with respect to submitted documents produced in the Mainland area, the competent authority may require that relevant documents be submitted to an agency or NGO established or retained by the Executive Yuan for verification.
Article 16     For Mainland area professionals aged 60 or over who require special care because of limited mobility or general health issues, application may be simultaneously filed for the accompaniment by one spouse or lineal family member.
    For Mainland area technicians applying to visit Taiwan to participate in technical research and Mainland area outstanding folk artists and craftsmen applying to visit Taiwan for teaching and study whose period of stay will exceed six months, the accompaniment by their spouse and children aged 12 or under may be permitted. Upon the expiration of the period of stay, the inviting body shall be responsible for matters relating to the exit from the country of such professional's accompanying spouse and children.
    Where, during the period of stay in Taiwan, the personnel referred to in the proceeding paragraph need, for certain reasons, to exit the country for a temporary period of time, entry and exit procedures shall be carried out with the competent authority by the inviting body on behalf of such personnel, and an entry and exit permit valid for three months shall be issued by the competent authority. Those who fail to return to Taiwan within this time period and who still require a visit to Taiwan shall file a new application in accordance with the provisions in these Regulations.
    Mainland area mass media personnel aged 18 or under may apply simultaneously for accompaniment while in Taiwan by one direct lineal family member.
Article 17     The inviting body shall become familiar with the background of the invited Mainland area professionals and shall provide relevant materials. During the course of the activities in Taiwan, the inviting body shall be responsible for reception and arrangement of activities consistent with the professional area of the invited Mainland area professional. The inviting body shall carry out reception matters in accordance with the Guidelines for the Reception of Mainland Persons Visiting Taiwan to Engage in Interchange. The inviting body shall submit an activity report to the competent authority for recordation within one month of the completion of the activities, and shall submit an activity report whenever requested by the competent authority or the relevant competent authority of the target enterprise.
    Where an inviting body fails to conduct its reception work or activity arrangement in accordance with the preceding paragraph, or in the event of other improper circumstances, the competent authority may, for a period of one year, decline to process applications from the inviting body.
Article 18     Mainland area citizens who enter the Taiwan area to participate in the following meetings or activities pursuant to the provisions under Article 77 of the Statute may be granted permission and exempted on an ad hoc basis from reporting:
  1. Meetings or activities organized by an international sports organization or a Taiwan organization commissioned by an international sports organization approved by the central competent authority of the target enterprise;
  2. International meetings or activities organized by international organizations of intergovernmental organizations or semiofficial organizations approved by the central competent authority of the target enterprise;
  3. International meetings or activities organized by the central competent authority of the target industry;
  4. Cross strait exchange meetings or activities organized by the central competent authority of the target industry; and
  5. Cross strait discussions organized by agencies established or designated by the Executive Yuan or NGOs commissioned by the Executive Yuan approved by the central competent authority of the target industry.
    Mainland area citizens who apply to enter the Taiwan area pursuant to the provisions in the preceding paragraph shall be processed in accordance with the procedures in these Regulations. However, where an agreement has been entered into with an international organization under subparagraphs 1 through 3 of the preceding paragraph, or where an agreement has been entered into between an agency or NGO under subparagraph 5 and a juristic person or group or agency in the Mainland area, processing shall be carried out in accordance with such agreement.
Article 19     Where the circumstances under Article 77 of the Statue apply to Mainland area citizens granted permission to enter the Taiwan area, the competent authority shall send a photocopy of the application for a travel permit for entry into the Taiwan area bearing the relevant facts to the jurisdictional high court or the prosecutor's office of its branch for recordation.
    Where permission is granted and reporting is exempted on an ad hoc basis as referred to in the preceding article, the competent authority shall send photocopies of documents of proof of exemption from reporting on an ad hoc basis and relevant materials to the jurisdictional high court or the prosecutor's office of its branch for recordation.
Article 20     Mainland area professionals applying to enter the Taiwan area shall look for one of the following Taiwan area citizen to serve as guarantor:
  1. Inviting body's responsible person; or
  2. Citizen having a legitimate occupation (may not serve as guarantor for more than five people per annum).
    A certificate of guarantee shall be sent to the police agency (body) at the guarantor's domicile for guarantor processing. Where the guarantor serves at a government agency (body), public school, state enterprise, or private college or university, the certificate of guarantee shall be sealed with the official seal of the agency (body) or school, and shall be exempted from guarantor processing.
Article 21     The responsibilities of the guarantor are as follows:
  1. Guarantee that the guarantee's identity is genuine and that he or she has made no false presentations;
  2. Be responsible for reporting on the life and itinerary of the guarantee after their arrival in Taiwan; and
  3. Assist relevant authorities at their own expense with the deportation of the guarantee where the guarantee is compelled pursuant to law to exit the country.
    Where the guarantor is unable for certain reasons to be responsible for the guarantee, the guarantee's guarantor shall be replaced within one month and, if the guarantor has not been replaced upon the expiration of the time period, the competent authority shall cancel the guarantee's permission.
Article 22     The period of stay in Taiwan of Mainland area professionals or family members may not violate the National Security Law or other laws and ordinances, and such persons may not engage in for-profit activities, activities requiring a professional license, activities inconsistent with the reasons upon which permission was based, and other improper activities contravening the principles of reciprocity and integrity. Violators may have their permission invalidated and be transferred to the relevant authority for handling pursuant to law by the competent authority.
Article 23     Mainland area professionals granted permission to enter the Taiwan area to engage in activities shall be issued a travel permit. The effective period of the permit shall be three months from the date of issuance. Those who have not yet entered the country during the effective period of the permit may, within one month of the expiration of the time period, submit an application for extension together with the original travel permit to the competent authority for a onetime extension.
    Upon receiving the application materials, the competent authority shall send to the competent authority of the target industry one copy of the application documents.
Article 24     When Mainland area professionals enter the country, they shall hand over their Mainland area passport or relevant documents for examination. When necessary, the competent authority or the relevant competent authority of the target enterprise may require the personnel to hand over their Mainland area passport or relevant documents to the National Police Administration's Bureau of Immigration (Ministry of Internal Affairs) at their airport (seaport) offices to be held and later returned upon their exit from the country.
Article 25     Mainland area professionals granted permission to enter the Taiwan area to engage in activities shall, upon 15 days of their entry into the country, carry out registration procedures with the police department (station). However, for those exempted from reporting under Article 15 of these Regulations, this restriction shall not apply.
    Those who have not carried out registration procedures in accordance with the preceding paragraph may not apply for extension of the period of stay.
Article 26     Equipment and apparatus brought into the country by Mainland area professionals required for activities shall be reported to the customs authority in accordance with the permission documents of the relevant competent authority of the target industry. The goods may not be sold or transferred and shall be taken out of the country upon exit.
    Other Mainland area goods that may be brought into the country by Mainland area professionals are restricted to those brought into the country by arriving tourists approved by the Ministry of Finance and granted permission by the customs authority.
Article 27     Where the following circumstances apply to Mainland area professionals or their family members applying to enter the Taiwan area, permission may not be granted and, and for those whom permission has already been granted, permission may be revoked:
  1. Where they participate in violent or terrorist organizations or their activities;
  2. Where they are major suspects in offenses against the internal or external security of the state;
  3. Where they are suspects of major offenses or repeat offenses outside of the Taiwan area;
  4. Where they are currently employed in administrative, military, party affair, or other public sector agencies in the Mainland area;
  5. Where the circumstances in any one of the subparagraphs under Article 18 paragraph 1 of these Regulations apply; and
  6. Where they violate other laws and ordinances
    Where the circumstances under Article 18 paragraph 1 subparagraph 1 apply, calculated from the date of departure, such person may not be granted permission for at least two years. Where the circumstances under subparagraphs 2 through 3 of the same paragraph apply, such person may not be granted permission for at least one year from the date of departure.
Article 28     Where the applicant's documents conceal or falsely present the facts, the competent authority may revoke permission, and transfer the case for handling pursuant to law.
    With regard to the circumstances in the preceding paragraph, the competent authority, within three years, may elect not to process applications of its own or those of inviting bodies.
Article 29     Where the inviting body intentionally falsely reports the facts or falsifies documents and yet uses them as the basis for applications, the competent authority, within three years, may elect not to process applications of its own. Where the inviting body is suspected of involvement in criminal offenses, such cases shall be transferred to an investigation agency for handling.
Article 30     Fees may be collected for the documents of permission issued in accordance with these Regulations, the amounts of which shall be set by the competent authority.
Article 31     These Regulations shall take force on the date of promulgation.