入出國及移民法（英譯本）
| IMMIGRATION LAW REPUBLIC OF CHINA Chapter 1. General Provisions Article 1 The present law is hereby enacted to unify entry and exit control, safeguard national security, regulate immigration matters, and implement immigration guidance. Matters which the present law does not prescribe shall be governed by other relevant laws. Article 2 The Authority that enforces the present law is the Ministry of the Interior. The Ministry of the Interior anticipates establishing the "Bureau of Immigration" to manage the entry, exit, and immigration matters regulated by the present law. The Bureau of Immigration and the National Police Administration shall jointly conduct checks on overstayed visits, residence and illegal entry. Article 3 The terms used in the present law are defined as follows: （１）Nationals: people who reside in the Taiwan Areas and have their permanent residence registered at a household registry or people who reside overseas and have the nationality of the Republic of China （hereafter to be called the State）; （２）Airports and seaports: the airports and seaports designated by the Executive Yuan as the ports of arrival and departure; （３）Taiwan Areas: Taiwan, Penhu, Kinmen, Matsu and other territories under the control of the government of the State; （４）Nationals without registered permanent residence in the Taiwan Areas: nationals who have the nationality of the State and are Currently residing abroad, 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 Areas; （５）Transit: a brief stay made by an alien in the State before returning to his own country or entering another country, or region through any airport or seaport of the State; （６）Visit: a visit in the Taiwan Areas for less than six months; （７）Residence: residence in the Taiwan Areas for more than six months; （８）Registered permanent residence: permanent residence in the Taiwan Areas, which is registered at a household registry; （９）Immigration service organizations: companies that act as an agent to handle immigration matters in accordance with the present law. Article 4 People who enter or exit the State shall be inspected and failure to be inspected may lead to denial of permission to enter and/or exit the State. The Authority shall enact regulations to govern such inspections. Chapter 2. Nationals' Entry and Exit Article 5 Nationals shall apply to the Authority for permission to enter and/or exit the State; nationals may not enter and/or exit the State without permission. Nationals with registered permanent residence may enter and/or exit the State without permission after the present law has gone into effect for one year. Military personnel shall have the advance approval of the National Defense Ministry or any departments authorized by the ministry for exiting the State. The Authority shall enact the regulations that govern the entry and/or exit stated in the first paragraph. Article 6 Nationals shall be denied or banned from exiting the State if they: （１）Have been sentenced to punishments of imprisonment or greater after exhaustion of their appellate rights and have not served or have not completed the term of sentence; or （２）Have been wanted or have been restricted from exiting the State by the civilian or military judicial authorities; or （３）Have been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability; or （４）Have been strongly suspected to be involved in rebellion or treason and have been restricted from exiting the State at the request of the authorities concerned; or （５）Have been strongly suspected to be involved in major economic crimes or major criminal cases and have been restricted from exiting the State at the request of the authorities concerned; or （６）Have been waiting for conscription or have not completely fulfilled their military service obligation except if permitted to exit the State in accordance with law; or （７）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; or （８）Have failed to have their passports, flight crew IDs, seaman service books, or entry and exit permits inspected in accordance with Article 4; or （９）Have been restricted or banned from exiting the State by other laws. Nationals denied or banned from exit pursuant to the preceding paragraph shall be notified in writing with reasons for denial or ban. The Authority shall organize a review committee composed of generally recognized impartial people to review cases decided pursuant to subparagraphs 3 and 4 of the first paragraph and allow the nationals concerned to exit the State, provided that the committee approves it after the review. Article 7 Nationals without registered permanent residence in the Taiwan Areas shall be denied or banned from entering the State if they: （１）Have joined a rebellious organization or its activities; or （２）Have joined a violent or terrorist organization or its activities; or （３）Have been strongly suspected to be involved in rebellion or treason; or （４）Have been suspected to be involved in major crimes or to be habitual criminals; or （５）Have used a passport or entry permit that is illegally acquired, counterfeited, or tampered with, or that belongs to another person. The nationals prescribed in the preceding paragraph who concurrently possess a foreign nationality but have never registered their permanent residence at any household registry in the Taiwan Areas may be denied or banned from entering the State pursuant to any of the subparagraphs of the preceding paragraph or the first paragraph of Article 17. Chapter 3. Visits, Residence, and Registered Permanent Residence Of Nationals without Registered Permanent Residence in the Taiwan Areas Article 8 Nationals without registered permanent residence in the Taiwan Areas who have applied for a visit in the Taiwan Areas may be granted a three-month visit which may be extended once bu totally shall not exceed six months, beginning from the day after arrival. The visit may be further extended and the number of extensions may be increased if it is proved that the nationals: （１）Have been pregnant for more than seven months, have given birth, or have had a miscarriage for less than two months; or （２）Have been hospitalized for diseases and may endanger their own lives if going abroad; or （３）Have a spouse, lineal blood relative, collateral blood relative within the third degree, a relative by marriage within the second degree with registered permanent residence in the Taiwan Areas who are hospitalized or deceased in the Taiwan Areas because of serious illnesses or critical injuries. （４）Have met forces majeures or other inevitable incidents. Each extension of a visit pursuant to subparagraph 1 or 2 of the preceding paragraph shall not exceed two months. The extension of a visit pursuant to subparagraph 3 shall not exceed two months after the occurrence of the cause. The extension of a visit pursuant to subparagraph 4 may not exceed one month. 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 law. Article 9 Nationals without registered permanent residence in the Taiwan Areas may apply for residence in the Taiwan Areas if they: （１）Have a lineal blood relative, spouse, sibling, or spouse's parent, who has registered permanent residence in the Taiwan Areas. If the relationship is a result of adoption, the adopted person shall be younger than ten years old and the adoption is limited to one person; or （２）Have joined an overseas Chinese organization and have made contributions to overseas Chinese affairs, which the Overseas Chinese Affairs Commission has confirmed in writing after consulting with the Ministry of Foreign Affairs and other departments concerned; or （３）Have made an investment in the Taiwan Areas, an investment that is more than a certain amount of capital, and have been approved or filed for future reference by the central authorities in charge of the investment; or （４）Are overseas students who have applied to reside in the Taiwan Areas pursuant to the following eighth subparagraph and have returned to their host countries to work for two years after graduation; or （５）Have special skills and experiences and have been invited back to the State by the central authorities that are in charge of the field of their employment; or （６）Have been appointed or employed by government departments, public or private universities or colleges besides those stated in the preceding subparagraph; or （７）Have been approved to work in the Taiwan Areas by the central authorities in charge of labor affairs or the field of their employment pursuant to subparagraphs 1-6 or subparagraph 9 of paragraph 1 of Article 43 of the Employment & Service Act; or （８）Are overseas students who have been approved to study in the State by the central authorities in charge of the fields concerned; or （９）Are trainees who have been approved to take vocational training by the central authorities in charge of the fields concerned; or （１０）Have been approved to work in the Taiwan Areas by the central authorities in charge of labor affairs in accordance with subparagraph 7 or 8 of paragraph 1 of Article 43 of the Employment & Service Act. The spouses and minor children of the nationals stated in the subparagraphs of the preceding paragraph except subparagraphs 8-10 may apply with the nationals; the spouses and minor children who have not applied with the nationals may apply after the nationals have entered the State to begin residence. When the nationals' right to residence is revoked in accordance with paragraph 2 of Article 11 of the present law, the right of the nationals' spouses and minor children to reside shall also be revoked at the same time. The Authority may draw up and promulgate an annual Quota of residence that is divided among nations and districts and stated in the first paragraph after judging the condition of residence in the Taiwan Areas and having the ratification of the Executive Yuan. However, people who have minor children with registered permanent residence in the Taiwan Areas or have been married for four years shall be exempt from the limit of the quota. Article 10 Nationals without registered permanent residence in the Taiwan Areas may apply for registered permanent residence in the Taiwan Areas if they: （１）Are the applicants, the applicants' spouses, and minor children, stated in subparagraphs 1-7 of paragraph 1 of the preceding Article, who have been granted residence, and have continuously resided or have resided over a certain time in the Taiwan Areas while their original qualifications for residence remain unchanged; or （２）Are incumbent elected central government officials who have entered the State with a ROC passport or an entry permit; or （３）Have entered the State with a ROC passport or an entry permit under the age of twelve who were born abroad by a parent with registered permanent residence in the Taiwan Areas; or （４）Have entered the State with a foreign passport under the age of twelve who were born abroad by parents with registered permanent residence in the Taiwan Areas or by an unmarried woman with registered permanent residence in the Taiwan Areas. All persons who have acquired ROC nationality in the State and have continuously resided in the State for a certain time may apply for registered permanent residence in the Taiwan Areas. All persons who have applied for registered permanent residence in the Taiwan Areas pursuant to subparagraph 1 of the first paragraph and the preceding paragraph shall have been married for three years and over if their relationship is a result of marriage. They may, however, be exempt from the preceding requirement if their children have been born during their marriage. Nationals without registered permanent residence in the Taiwan Areas who have entered the State with a ROC passport shall apply for registered permanent residence if they shall be immediately conscripted to serve as a regular soldier in accordance with law. Before they are discharged from the military, their relatives may not apply for residence in the Taiwan Areas pursuant to subparagraph 1 of paragraph 1 of the preceding article. The third paragraph of the preceding article may apply to the annual quota of people who may apply for registered permanent residence in the Taiwan Areas pursuant to the second paragraph. Article 11 Nationals without registered permanent residence who apply for residence or registered permanent residence may be denied if they: （１）Have been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability; or （２）Have criminal records; or （３）Have entered the State without permission; or （４）Have used another person's identity, or have applied with illegally acquired, counterfeited, or altered documents; or （５）Have assisted other people to illegally enter and/or exit the State or have provided other people with identification documents for the same purpose; or （６）Are believed, on the basis of sufficient factual evidence, to have conspired with another person to have a false marriage or adoption; or （７）Have failed to pass a medical check; or （８）Have been involved in activities or employment that are different from the purposes of their entry; or （９）Have overstayed a visit. If a person has been determined to be subject to any of the subparagraphs stated in the preceding paragraph or if his work permit is revoked, the permission for his residence or registered permanent residence shall be revoked. If the person has registered his permanent residence at a household registry, the registration shall be revoked. The period of the denial pursuant to subparagraphs 8 and 9 of the preceding paragraph shall be at least one year from the day after his last exit from the State. Article 12 Nationals without registered permanent residence in the Taiwan Areas who have 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 they meet the requirements of subparagraph 4 of the first paragraph or the second paragraph of Article 10. Article 13 Nationals without registered permanent residence in the Taiwan Areas may have their permits revoked, if during their visits in the State, they: （１）Have been considered, on the basis of sufficient factual evidence, to endanger national security or social stability; or （２）Have been sentenced to imprisonment or graver punishment and have served their terms of sentence, have been pardoned, or have been placed under probation. Article 14 Nationals without registered permanent residence in the Taiwan Areas shall be ordered to exit the State within a certain time, if permission for their visits, residence, registered permanent residence, or registration of permanent residence has been revoked. Nationals without registered permanent residence in the Taiwan Areas shall exit the State within 10 days after receiving the preceding order to exit the State. Article 15 Nationals without registered permanent residence in the Taiwan Areas may be directly and forcibly deported from the State and restricted from reentry if they have entered the State without permission or have overstayed their visits, residence, or the deadline of a mandatory exit. People who are to be forcibly deported from the State as stated in the preceding paragraph may be temporarily detained and ordered to do labor service before exiting the State. The provisions stated in the two preceding paragraphs shall also apply to people who enter the State before the present law goes into effect. The Authority shall enact regulations that govern the forcible deportation stated in paragraph 1. The provisions of paragraphs 2-4 of Article 36 and Article 37 shall apply to the detention stated in paragraph 2. Article 16 Nationals without registered permanent residence in the Taiwan Areas who have to acquire residence or registered permanent residence in the Taiwan Areas due to the special situation which has occurred in the location of their overseas residence shall be exempt from the restrictions set forth in Articles 9-10. The Authority shall enact regulations according to the needs of particular nations and districts to govern the residence or registered permanent residence and send the regulations to the Executive Yuan for approval. Stateless persons from Thailand, Myanmar or Indonesia shall be granted residence, provided that they have entered the State before the present law goes into effect. Chapter 4. Alien Entry and Exit Article 17 Aliens may be banned from entering the State if they: （１）Do not carry their passports or refuse to submit them for inspection; or （２）Have used an illegally acquired, counterfeited, or altered passport or visa; or （３）Have used another person's passport or a fraudulently claimed passport; or （４）Have used a passport that is invalid, lacks a required visa, or a passport that bears an invalid visa; or （５）Have made a false statement or hidden important facts about their purposes to apply for entry into the State; or （６）Have carried contraband; or （７）Have criminal records in the State or foreign countries; or （８）Have suffered from contagious, mental, or other diseases that may jeopardize public health or social peace; or （９）Are believed, on the basis of sufficient factual proof, to be incapable of making a living in the State; or （１０）Have used a visitor visa but do not have an air or steamer ticket for a return trip or a trip to the next destination or have not secured an entry visa for the next destination; or （１１）Have been denied entry, ordered to leave within a certain time, or deported from the State; or （１２）Have overstayed their visits or residence or have worked illegally; or （１３）Are believed to endanger national interests, public security, public order, or the good customs of the State. If a foreign government bans ROC nationals from entry pursuant to reasons other than those set forth in the various subparagraphs of the preceding paragraph, the Authority may use the same reasons to ban that country's nationals from entering the State and shall inform the Ministry of Foreign Affairs of such a ban. The Authority shall organize a review committee composed Of generally recognized impartial people to review the cases decided pursuant to subparagraph 13 of the first paragraph and allow the aliens concerned to enter the State, provided that the committee approves it after the review. Article 18 Aliens who are on board an aircraft, 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 rescue department, or the captain of an rescue aircraft or vessel if they: （１）Are catching a connecting flight, vessel, or any other means of transport; or （２）Have been suffering from disease, seeking refuge or going through any other exceptional accidents; or （３）Have made a forced landing, entered a harbor for an emergency, gone through an accident, or been caught in a disaster; or （４）Have other justifiable reasons. The Authority may issue a temporary stay permit, limit the time and the place for such a visit, or set additional conditions pursuant to the preceding paragraph; the regulations that govern temporary entry permission shall be enacted by the Authority. Article 19 Passengers who are transported by an aircraft, vessel, or any other means of transport and have to check into an overnight lodging in the State because of being in transit may apply for permission from the Authority through the concerned captain of the aircraft or vessel, or transport service proprietor. The passengers stated in the preceding paragraph may not leave the overnight lodging without permission; the Authority shall enact regulations that govern the overnight lodging. Article 20 Aliens shall be banned from exiting the State if they: （１）Have been banned from exiting the State at the request of a judicial authority; or （２）Have been banned from exiting the State at the request of a tax authority. Aliens who are under investigation for other cases in accordance with law may be banned from exiting the State after the concerned authorities have requested the imposition of such a ban. The Authority shall notify the concerned aliens in writing with reasons for the banned exit. Chapter 5. Alien Visits, Residence, and Permanent Residence Article 21 Aliens who possess a valid passport with a Visitor Visa or a Resident Visa, or a valid travel document, may acquire the right to stay or reside after having been inspected, and then allowed to enter the State. The Authority may draw up and promulgate an annual quota of residence that is divided among nations and regions and stated in the preceding paragraph, after judging national interests and having the ratification of the Executive Yuan. All those who reside in the State for investment, employment, or studies shall be exempt from the limitation set by the quota. Article 22 Aliens shall apply for an Alien Resident Certificate from The Authority within fifteen days after acquiring the right to reside. The Authority shall inform the departments concerned after issuing an Alien Resident Certificate. Article 23 Aliens who have legally and continuously resided in the State for seven years or the alien spouses and/or children of nationals with registered permanent residence in the Taiwan Areas who have legally and continuously resided in the State for five years or have legally resided in the State for more than fifteen years during which they have resided for more than one hundred and eighty three days each year for eight years, may apply for permanent residence from the Authority if they: （１）Are at the age of twenty and over, whereas the nationals' children are fourteen and over; （２）Have a decent character; （３）Have considerable properties, skills or talents that are enough to enable them to make a living by themselves; （４）Have resided in the State for over 270 days each year during their legal and continuous residence in the State, whereas the nationals' spouses or children have resided for over 183 days each year; （５）Are favorable to the national interests of the State. If the applicants stated in the preceding paragraph concurrently have ROC nationality and are residing in the State, they may not apply for permanent residence. The Authority shall issue Alien Resident Certificates to the applicants and inform the department concerned after granting them the status of a permanent resident. The Authority may draw up and promulgate an annual quota of permanent residence that is divided among nations and regions and stated in the first paragraph after judging national interests and having the ratification of the Executive Yuan. Article 24 A person shall apply for an Alien Resident Certificate within 15 days, starting from the day after he: （１）Has lost his ROC nationality and has not yet acquired a foreign nationality; or （２）Has lost his original nationality while having not yet acquired ROC nationality; or （３）Is born as an alien in the State; or （４）Has switched to the application for a Resident Visa after entering the State. Article 25 The following aliens are exempt from applying for an Alien Resident Certificate 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 the Authority. Article 26 Aliens, at the age of fourteen and over, who have entered the State for a visit, residence or permanent residence, shall always carry their passports, Alien Resident Certificates, or Alien Permanent Resident Certificates. The Authority or authorized government employees in compliance with the law while performing official duties may demand aliens to produce the documents stated in the preceding paragraph. Article 27 Aliens who are visiting or residing in the State may not engage in activities or employment that are different from the purposes of their visits or residence. Article 28 The Authority may 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 when special situations arise. Article 29 Aliens shall apply to the Authority for an extension before their visits or residence expires if they have to continue their visits or residence in the State. Aliens whose supporting relatives have died during their residence may apply to continue their residence. Aliens who have changed their domiciles or places of employment during their residence shall register the change with the Authority. Article 22 may apply to the three preceding paragraphs. Article 30 A person,s Alien Resident Certificate shall be revoked or cancelled if he: （１）Has submitted false or untruthful information for his application; or （２）Has used illegally acquired, counterfeited, or altered documents; or （３）Has been sentenced to punishments of imprisonment for one year or greater by a judicial authority; or （４）Has restored ROC nationality; or （５）Has acquired ROC nationality; or （６）Has concurrently had ROC nationality and has applied for entry and exit permits as a ROC citizen; or （７）Has acquired an Alien Permanent Resident Certificate; or （８）Has been deported from the State; or （９）Has his work permit revoked and has been ordered to exit the State within a certain time. Article 31 A person,s Alien Permanent Resident Certificate shall be revoked or cancelled if he: （１）Has submitted false or untruthful information for his application; or （２）Has used illegally acquired, counterfeited or altered documents; or （３）Has been sentenced to punishments of imprisonment for one year or greater by a judicial authority, whereas an involuntary offender is exempt; or （４）Has not resided for 183 days for each year during his permanent residence in the State, whereas he shall be exempt if he has the approval of the Authority to study abroad, to seek medical treatment, or for other special reasons; or （５）Has restored ROC nationality; or （６）Has acquired ROC nationality; or （７）Has concurrently had ROC nationality and has applied for entry and exit permits as a ROC citizen; or （８）Has been deported from the State. Article 32 Aliens shall apply for a reentry permit from the Authority in advance if they have to exit prior to reentering the State during their residence. The aliens who have acquired permanent residence shall be exempt from such a requirement. Article 33 The Authority shall enact the regulations that govern alien visits, residence, and permanent residence in the State. Chapter 6. Deportation Article 34 Aliens may be forcibly deported if they: （１）Have violated the first paragraph of Article 4 by entering the State without being inspected; or （２）Have entered the State and have been found violating any of the provisions of Article 17 that bans entry into the State; or （３）Have violated the first paragraph of Article 18 by temporarily entering the State without permission; or have failed to observe the set restrictions on the time and place of visits or the additional conditions in accordance with the second paragraph of the same article; or （４）Have violated paragraph 2 of Article 19 by leaving an overnight lodging without permission; or （５）Have violated Article 27 by engaging in employment or activities that are different from the purposes of their visits, or residence; or （６）Have violated Article 28 by failing to observe the set restrictions on domiciles and activities, or the rules that have to be followed; or （７）Have violated the first paragraph of Article 29 by failing to extend their visits or residence ; or （８）Have violated subparagraphs 1-3 or subparagraph 9 of Article 30 and as a result have their Alien Resident Certificates revoked or cancelled; or （９）Have violated subparagraphs 1-3 of Article 31 and as a result have their Alien Permanent Resident Certificates revoked or cancelled. Article 35 The Authority may request concerned departments or organizations to provide assistance or necessary information in order to investigate aliens who have violated any of the subparagraphs of the preceding article. The requested departments or organizations may not reject such a request unless they have justifiable reasons. When aliens who have violated any of the subparagraphs of the preceding article and have to serve prison terms have finished serving their prison terms or are to be released for other reasons, prisons and vocational training facilities shall notify the Authority. Article 36 Aliens may be subject to mandatory detention if they: （１）Are to be deported as a penalty but have not yet completed the procedure for exiting the State; or （２）Have illegally entered the State or overstayed their visits or residence; or （３）Have been wanted by a foreign government; or （４）Have been considered, on the basis of facts, to be in need of temporary protection. The detention stated in the preceding paragraph shall not exceed fifteen days, but may be prolonged for additional fifteen-day periods if necessary. Any detainee or his spouse, lineal relative, legal representative, sibling, attorney, or guarantor may file a petition to the Authority against detention within seven days after the detention. When the aliens who are to be deported from the State as stated in the first subparagraph of the preceding first paragraph can not be deported, the Authority may lift the detention after limiting their domiciles or adding other conditions. Article 37 The Authority may set up or designate appropriate places for the detention of aliens; the Authority shall enact the regulations that govern the detention. Chapter 7. The Responsibilities of the Captain of An Aircraft or Vessel, and Transport Service Proprietor Article 38 The captain of an aircraft, vessel, or the proprietor of other means of transport service shall assist the Authority when it is performing its official duties in accordance with the present law and other laws and decrees concerned. The captain of an aircraft or vessel, or transport service proprietor stated in the preceding paragraph may 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 persons from nations whose citizens are granted a Landing Visa or Visa Exemption by the State. Article 39 Before an aircraft, 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 the Authority 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. Article 40 The captain of an aircraft or vessel, or the transport service proprietor stated in the preceding article shall report flight crew, sailors, or passengers to the Authority if they have no passports, flight crew IDs, 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, vessel, or any other means of transport departs from the State, its captain, or transport service proprietor shall send the Authority a list of names of the flight crew or sailors, and passengers, who have entered the State to make an temporary stay. Article 41 The captain of an aircraft or 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, vessel, or other means of transport, if they: （１）Have been banned from entering the State pursuant to the subparagraphs of the first paragraphs of Articles 17 and 7; or （２）Have made an temporary entry into the State pursuant to the first paragraph of Article 18; or （３）Have stayed for an overnight lodging pursuant to the first paragraph of Article 19; or （４）Have no document needed to enter the State pursuant to paragraph 2 of Article 38. During the time in which the people enumerated in the subparagraphs of the preceding paragraph are waiting for deportation, the Authority shall designate shelters and/or be responsible for looking after them. except for the provisions prescribed in the first subparagraph, the concerned transport service proprietor shall pay for the expenses incured. Chapter 8. Immigration Guidance Article 42 The government shall provide protection, assistance, planning, and guidance to nationals who immigrate to other countries. The Authority shall provide immigration consultation and services and may administer lectures and offer language and skills training. Article 43 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 44 Mass immigration may be operated by private organizations or by the Authority which implements it through evaluating, coordinating, and guiding international economic cooperative investment, rewarded overseas investment, agricultural technology cooperation, or other measures. Article 45 The Authority may coordinate 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 46 The operation of immigration services is exclusively reserved for corporate organizations which shall apply for an establishment permit from the Authority, register themselves as a corporation in accordance with law, and receive a license from the Authority before they may begin immigration services. Even though the operation of immigration services is not limited to corporate organizations in accordance with Article 47.7 of the Lawyer Law, other provisions pursuant to the immigration service organizations of the State may apply. Foreign immigration service organizations that establish their branches in the State shall apply for an establishment permit from the Authority, acquire approval in accordance with the Company Act, and receive a license from the Authority before they may begin immigration services. The immigration service organizations stated in the two preceding paragraphs shall apply to the Authority for a change of their licenses when they change their registered items or corporate registration items. Article 47 Immigration service organizations may render the following various immigration services: （１）Acting as an agent to handle matters concerning applications for residence, registered permanent residence, or permanent residence; （２）Acting as an agent to handle matters concerning applications for non-tourist visitor visas; （３）Conducting investment-oriented counsel related to immigration funds and brokerage, which are exclusively needed for the protection of immigrants' rights. （４）Providing counsel on other matters concerning immigration. When immigration service organizations apply to render the services stated in the third subparagraph of the preceding paragraph, the Authority shall not grant permission before having the approval of the Ministry of Finance. Immigration service organizations which render the services stated in the third subparagraph of paragraph 1 may not act as agents to conduct security investment or to receive investment funds; only banks designated by the Authority may receive any investment funds. Advertisements for the various services stated in the subparagraphs of the first paragraph may not be related to immigration funds and may not be published or broadcast before their contents are reviewed and affirmed by immigration organizations designated by the Authority. The contracts pursuant to the operation set forth in the first and third subparagraphs of the first paragraph shall be checked and executed by a lawyer licensed by the State. Article 48 To apply for establishment permission, immigration service organizations shall: （１）Have more than a certain amount of net capital; or （２）Employ specialists whose qualifications and number shall meet requirements; or （３）Have deposited a certain amount of money as security at a financial organization; or （４）Have met other mandatory requirements designated by the Authority. Article 49 Immigration service organizations which engage in any activities stated in the following subparagraphs shall be warned and required to make improvement within a certain time and if improvement is not made as required within the said time, the operation of the organizations shall be suspended by order: （１）Acting as an agent to handle immigration matters without signing a written contract with their clients or without fulfilling the contract; or （２）Running an advertisement in newspapers, magazines, or other media without revealing their license numbers; or （３）Making a report on the state of their business operation not as required or making a false report; or （４）Running false advertisements or spreading false or untrue immigration information. Article 50 Immigration service organizations shall have their permits revoked and their license cancelled if they: （１）Have been convicted by a judicial authority after exhaustion of their appellate rights for assisting their clients in filling out, submitting false certificates while acting as an agent to handle immigration （２）Have swindled their clients while acting as an agent to handle immigration matters; or （３）Have lent other people their licenses purporting to be used in business; or （４）Have been ordered to suspend their operation. （５）Have violated other laws concerning immigration services. Article 51 The Authority shall enact guidance and management regulations that govern immigration service organizations and their employees. Article 52 Immigration service organizations which have been granted a license before the present law is promulgated and enforced shall reapply for an establishment permit in accordance with the present law within six months from the day after the promulgation and enforcement of the present law. Failure to do so within the set time shall result in the declared cancellation of their licenses. Chapter 9. Penalties Article 53 A person who exchanges, hands over certificates, or uses other illegal means at airports or seaports, in order to use an aircraft, vessel, or any other means of transport to carry people not to be transported to any countries according to any contracts shall be punished with imprisonment for not more than three years, detention, and/or a fine of not more than NT$ 1 million: A person who attempts acts stated in the preceding paragraph shall be punished. Article 54 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 years, detention, and/or a fine of not more than NT$ 90,000. Article 55 An immigration service organization shall be punished with a fine between NT$ 20,000 and NT$ 1 million if it operates immigration services pursuant to the subparagraphs of the first paragraph of Article 47 before applying for establishment permission and acquiring a license in accordance with the present law or after having the permission revoked. Article 56 An immigration service organization shall be fined between NT$ 30,000 and NT$ 150,000, and be ordered to have its business suspended if it: （１）Has failed to apply to the Authority to change a license in accordance with the third paragraph of Article 46; or （２）Has violated the third paragraph of Article 47 by acting as an agent to conduct stock investments or to receive investment funds or immigration funds instead of acting through a designated bank; or （３）Has violated paragraph 4 of Article 47 by running the advertisements that relate to immigration funds or immigration services and that have not been reviewed and affirmed. Article 57 A person who violates paragraph 2 of Article 38 by using an aircraft, 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 single violation. A person who commits aggravated offenses such as transporting passengers without documents needed to enter the State as a normal line of business or transporting a large number of such passengers shall be fined NT$ 500,000 and over. A person who assists another person in committing the offenses set forth in the preceding paragraph shall be subject to the same punishments. Article 58 The captain of an aircraft or the vessel, or the transport service proprietor, who violates paragraph 1 of Article 38, Article 40 or 41 without a good cause, shall be fined not more than NT$ 100,000 for each single violation. Article 59 A person shall be fined not more than NT$ 10,000 if he: （１）Has violated paragraph 1 of Article 4 by entering or exiting the State without being inspected; or （２）Has failed to apply for an Alien Resident Certificate within the time set in the first paragraph of Article 22 or Article 24; or （３）Has failed to carry his passport, Alien Resident Certificate or Alien Permanent Resident Certificate as required by the first paragraph of Article 26; or by the third paragraph of Article 29; or. （５）Has overstayed his visit or residence as a national without registered permanent residence in the Taiwan Areas or as an alien. Article 60 A person who has failed to pay the fine imposed by the present law within the set time shall be referred for enforcement of the fine. Chapter 10. Supplementary Provisions Article 61 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 the Authority 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 62 The Authority may equip itself with weapons or apparatus while enforcing detention or deportation in accordance with the present law; the Authority shall enact regulations that govern the use of the said weapons and apparatus. When officers of the Authority enforce detention and deportation, they may carry weapons or apparatus. Article 63 When officers of the Authority perform their duties, they shall wear uniforms or carry an I.D. card; the Authority shall determine the style of the uniforms. Article 64 People, except those under the age of fourteen, shall have their fingerprints taken and recorded while applying for residence or permanent residence in accordance with the present law. A person who fails to have his fingerprints taken in accordance with the provisions of the preceding paragraph shall not be granted residence or permanent residence. The provisions stated in the two preceding paragraphs shall not apply to aliens stated in the first paragraph of Article 25. Article 65 The Authority shall have charge of the inspection and registration of aliens who have been granted residence or permanent residence in the State in accordance with the present law; the Authority and the Ministry of Foreign Affairs shall jointly enact the regulations that govern the inspection and registration. Article 66 A person who reports factual information on violations of the provisions of the present law may be rewarded if the information proves to be true after investigation; the Authority shall enact the regulations that govern rewards. Article 67 The provisions of the present law that concern aliens shall apply to nationals who have acquired a foreign nationality and have entered the State with a foreign passport. Article 68 Fees may be charged on certificates issued in accordance with the provisions of the present law and the Authority shall determine the fees. Article 69 The Authority shall enact the enforcement regulations of the present law. Article 70 The Executive Yuan shall determine the date when the present law shall come into effect. |