Annotated Republic of China Regulations/Enforcement Rules of the Immigration Act/1999

The Enforcement Rules of the Immigration Act as of 1999 from https://web.archive.org/web/20051224004409/http://www.immigration.gov.tw/e_immig/eng/2.htm is shown below, with articles later amended before 5 August 2008 in separate pages. The source title lacks a word "the" between "of" and "Immigration", so it is the wrong grammar.

Chapter 1: General Provisions

Article 1

The Enforcement Regulations are enacted in accordance with Article 69 of the Immigration Act (hereinafter called the Act).

Article 2

Entering and/or exiting the State before the unification of the Republic of China, which is stated in the Act, refers to entering and/or exiting the Taiwan Area.

Article 3

The period of residency, as stated in subparagraphs 6 and 7 of article 3 of the Act, refers to a continuous period of a visit or residency.

Residency in the Taiwan Area for more than six months, as stipulated in subparagraph 7 of article 3 of the Act, shall exclude the extended stay provided under paragraph 1 of article 8 of the Act or caused by other exceptional incidents.

Article 4

Nationals with household registration(hereinafter called registered nationals,) as stated in paragraph 1 of article 5 of the Act, refer to nationals who are currently residing or used to reside in the Taiwan Area with household registration and have not lost their ROC nationality or have not changed their status to become citizens of the mainland China Area in accordance with subparagraph 4 of article 2 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area.

Article 5

The Bureau of Immigration(hereinafter called the BOI)of the Ministry of the Interior shall be informed by civilian or military judicial authorities, or competent central authorities, of the grounds for banning exit from the State in accordance with subparagraphs 1 and 9 of paragraph 1 of article 6 of the Act; the BOI shall be informed by related competent authorities of other grounds for banning entry into and/or exit from the State.

The BOI shall notify, in writing, the persons banned from exiting the State of the grounds and such a notification shall be delivered in accordance with law.

Article 6

The competent central authorities or other competent authorities shall immediately notify the BOI to revoke the ban on entry into and/or exit from the State provided that such a ban ceases to be necessary.

Article 7

The BOI shall annually review all cases, notified by various competent central authorities or other competent authorities that ban entry into and /or exit from the State. The cases that involve unpaid taxes shall not be reviewed unless they have been pending for over five years.

Article 8

(Missing governmental translation)

Article 8-1/ (later amended)

Article 8-2 (later amended)

Chapter 2: Visit, Residency, and Registered Permanent Residency of Nationals without household registration in the Taiwan Area

Article 9

Nationals without household registration in the Taiwan Area (hereinafter called unregistered nationals)shall apply to the BOI for an extension of stay after entering the State in accordance with article 8 of the Act. They shall submit to the BOI the following documents:

1. application form for an extension of stay;

2. entry and exit permits;

3. copies of registration of floating population; and

4. other relevant documentation.

Article 10

The term "a certain amount of capital," as stated in subparagraph 3 of paragraph 1 of article 9 of the Act, refers to NT $ 10,000,000.

Article 11

The term "special skills and experiences," as stated in subparagraph 5 of paragraph 1 of article 9 of the Act, refers to one of the following instances:

1.having professional skills in the emerging industries, key techniques, key components and products;

2.having outstanding achievements in optical electricity, telecommunications technologies, industrial automation, applied materials, advanced sensing systems, bio-technologies, resource development or energy conservation, in which related expertise is urgently needed or cannot be cultivated in a short period of time in the Taiwan Area;

3.having special achievements in the field of highway, high-speed railway, mass rapid transit system, telecommunications, aviation, navigation, deep-water construction, meteorology, or seismology, in which related expertise is urgently needed or cannot be cultivated in a short period of time in the Taiwan Area; or

4.having other special skills and experiences ratified ad hoc by the central authorities in charge of these fields.

Article 12

If unregistered nationals without foreign citizenship are engaged in the employment specified in paragraph 1 of article 43 of the Employment & Service Act in the Taiwan Area and applying for residency in accordance with subparagraph 7 or 10 of paragraph 1 of article 9 of the Act. Their applications shall be reviewed by the BOI in accordance with the stipulation of the Employment & Service Act pertaining to the employment permission of foreigners.

Article 13

Individuals, as stated in paragraph 3 of article 9 of the Act, are those who have been married for over four years to spouses with household registration in the Taiwan Area.

Article 14

Unregistered nationals, who are applying for residency in the Taiwan Area, shall submit the following documents:

1. residency application form;

2. documentation of overseas residency;

3. documentation sufficient to prove the nationality of the ROC;

4. police clearance record of overseas residency;

5. certificates of a medical examination; and

6. other relevant documentation.

If the applicant is a minor, or if the relevant agency of the applicant's overseas residency doesn't or cannot provide police clearance record, The said applicant shall be exempted from submitting the document that is specified in subparagraph 4 of the preceding paragraph.

Applicants for residency, subjected to an annual quota in accordance with paragraph 3 of article 9 of the Act, shall submit the documents specified in subparagraph 5 of the preceding first paragraph while they are listed for the quota.

The examined items, listed on the certificate of a medical examination specified in subparagraph 5 of paragraph 1, subparagraph 3 of paragraph 1 of article 28, and subparagraph 2 of paragraph 1 of article 35 respectively, shall correspond to the required items of a medical examination, as established by the Department of Health of Executive Yuan.

Article 15

Unregistered nationals, applying for residency in the Taiwan Area, shall, with all documents specified in paragraph 1 of the preceding article, apply to the local ROC embassy, representative office, or organizations authorized by the Ministry of Foreign Affairs(hereinafter called the ROC overseas missions). At a ROC overseas mission staffed with BOI officers, the officers shall review such applications; otherwise the applications shall be reviewed by other assigned officers and referred to the BOI.

If the unregistered nationals of the preceding paragraph, reside in a country or a district where there is no ROC overseas mission, they may submit their applications to a local overseas Chinese organization approved by the Overseas Chinese Affairs Commission or a to a local service center approved by the Mongolian & Tibetan Affairs Commission for review and referral to the Overseas Chinese Affairs Commission, the Mongolian & Tibetan Affairs Commission, or the ROC overseas mission that is concurrently responsible for the country or district in question, which will then refer the applications to the BOI .

Unregistered nationals, who have entered the State, may directly apply to the BOI with the documents listed in paragraph 1 of the preceding article

Article 16

People, who have acquired ROC nationality in the State and intend to apply for residency, shall apply to the BOI with the following documents:

1. residency application form; and

2. photocopy of the document proving the acquisition of ROC nationality.

Article 17

The agencies or organizations that receive applications, as stated in the preceding two articles, may interview applicants at the time of filing or later. Interviewers may prepare an interview summary and attach it to the application form. If applicants are under fourteen, they shall be interviewed in the presence of their legal representative or ascending lineal relative.

Article 18

If applications for residency in the Taiwan Area are approved in accordance with the procedures of article 14, paragraph 1 or paragraph 2 of article 15, the BOI shall issue an entry permit and a duplicate Resident Certificate of the Taiwan Area, and deliver them to the local ROC overseas missions for forwarding to applicants, or deliver them to the Overseas Chinese Affairs Commission, the Mongolian & Tibetan Affairs Commission for delivery to local overseas Chinese organizations or service centers for forwarding to applicants.

The applicants in the preceding paragraph shall, within fifteen days from the next day of arrival in the State, return, in person, the duplicate Resident Certificate of the Taiwan Area to the BOI in exchange for the Resident Certificate of the Taiwan Area. If the applicants are under fourteen, their legal representatives may claim it on behalf of the applicants by returning the duplicate in person or by registered mail.

If the applications for residency in the Taiwan Area are approved in accordance with the procedures of paragraph 3 of article 15 or article 16, the BOI shall directly issue the Resident Certificate of the Taiwan Area.

Article 19

An entry permit and a duplicate Resident Certificate of the Taiwan Area is valid for six months from the next day of issuance. If no entry into the State is made during the valid period, the applicants may apply to the BOI for the extension of the original documents before they expire. The extension begins from the next day of the expiration of the original documents and is limited to once only.

Article 20

The Resident Certificate of the Taiwan Area is the identification document during residency in the Taiwan Area and is valid for three years beginning from the next day of arrival in the State. If its holder is a male to be conscripted in the regular military service, the certificate is valid for one year and six months.

If applications are filed pursuant to the procedures of paragraph 3 of article 15 or article 16, the validity of stay of the Resident Certificate of the Taiwan Area begins from the next day of issuance.

Article 21

If unregistered nationals have changed their grounds to reside during their residency in the Taiwan Area, they shall submit new grounds with the following documents to the BOI for approval; the same procedure is applies to accompanying spouses and minor children:

1. residency application form with new grounds;

2. resident certificates of the Taiwan Area;

3. copies of registration of floating population; and

4. other relevant documentation.

Article 22

Unregistered nationals, who overstayed for not more than ten days after entering the State with permission and have been subject to the restrictions of an annual quota for the applications of residency in accordance with paragraph 3 of article 9 of the Act, shall be listed for the annual quota one year late for each overstay. An overstay, caused by any instances listed in paragraph 1 of article 8 of the Act, shall be exempted.

Article 23

Unregistered nationals may apply for the extension of the Resident Certificates of the Taiwan Area before they expire, if their original grounds for residency remain unchanged. If unregistered nationals apply for residency pursuant to subparagraph 1 of paragraph 1 of article 9 of the Act their applications for an extension of residency shall be granted once only after the relatives concerned are deceased.

The extension of the preceding paragraph is valid for two years each time. If the national is a male to be conscripted to serve in the regular military service, the extension is valid for one year.

Article 24

Individuals, who apply for an extension of residency in accordance with the preceding article, shall apply to the BOI with the following documents:

1. extension of residency application form;

2. resident certificates of the Taiwan Area;

3. copies of registration of floating population; and

4. other relevant documentation.

Article 25

For the unregistered nationals whose applications for residency shall be subjected to an annual quota, the ages of their accompanying minor or adopted children or the status of their accompanying spouses shall be determined when they are listed for the annual quota.

The applicants and accompanying applicants of the preceding paragraph shall be listed for the same annual quota.

Article 26 (later amended)

Article 27 (later amended)

Article 28

Unregistered nationals, who intend to apply for registered permanent residency in the Taiwan Area, shall apply to the BOI with the following documents:

1. registered permanent residency application form;

2. resident certificates of the Taiwan Area and copies of registration of floating population;

3. certificate of a medical examination; and

4. other relevant documentation.

Applications, filed pursuant to subparagraphs 2-4 of paragraph 1 of article 10, are exempted from the documents stated in subparagraph 2 of the preceding paragraph.

The accompanying minor or spouses of the applicants of unregistered nationals who intend to apply for registered permanent residency, shall file their applications along with the unregistered nationals', or after the unregistered nationals have begun their registered permanent residency.

Article 29

Nationals who used to have household registration in the Taiwan Area and have restored ROC nationality in the State, shall apply to the BOI for registered permanent residency with the following documents:

1. registered permanent residency application form;

2. certificate granting the restoration of nationality; and

3. relevant documentation.

For nationals applying for permission in accordance with the procedures stated in the preceding paragraph, the BOI shall issue a duplicate entry permit and put a stamp on the ROC visa and the entry stamp on their foreign passports.

Article 30

Unregistered nationals who have been granted registered permanent residency in the Taiwan Area, shall be issued a Registered Permanent Residency Certificate of the Taiwan Area. The BOI shall send the certificate with an official letter to their intended household registry office to register permanent residency and send a carbon copy of the letter to notify the unregistered nationals.

The applicants of the preceding paragraph, if not residing within the jurisdiction of their intended household registry office, shall apply for the change of their addresses on the Registered Permanent Residency Certificate of the Taiwan Area to the household registry office, which then sends the certificate with an official letter to the household registry office with the jurisdiction over the location where the applicants actually reside.

Article 31

For applicants granted residency or registered permanent residency pursuant to article 16 of the Enforcement Regulations or subparagraph 4 of paragraph 1 of article 10 of the Act, the BOI shall put a stamp on the ROC visa and the entry stamp on their foreign passports.

Article 32

For registered nationals having departed the State for over two years, the household registry office, in charge of their household registration, shall register their move-out in accordance with paragraph 2 of article 20 and article 42 of the Household Registration Act.

The registered nationals of the preceding paragraph shall apply to the original household registry office to register their move-in within thirty days after entry into the State with a ROC passport or a duplicate entry permit. The nationals, if not residing within the jurisdiction of the original household registry office, shall apply to the household registry office with the jurisdiction over their current domiciles, to register their move-in with the household transcript which registers the move-out and is issued by the original household registry office.

Article 33

Registered nationals entering the State without permission, or with other persons' or forged, altered documents, shall make a deferred entry application with the following documents after investigation conducted by prosecuting agencies; the same procedure applies to individuals who have entered the State without being inspected and have been fined pursuant to article 59 of the Act：

1. entry application form;

2. copy of the indictment, dismissal, or other relevant documentation; and

3. photocopy of the original identity card of the Taiwan Area, household registration, or a household registration transcript.

The BOI shall issue a duplicate entry permit to the registered nationals of the preceding paragraph with a remark that the household registration in the Taiwan Area has been restored. If the original household registry office has registered the move-out, the BOI shall send the duplicate with an official letter to the original household registry office to register move-in.

The stipulation of the preceding two paragraphs does not apply to registered nationals who have become people of the Mainland China Area pursuant to subparagraph 4 of article 4 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area.

Article 34

Unregistered nationals entering the State before the Act goes into effect and cannot be forcibly deported from the State in accordance with paragraph 1 of article 15 of the Act, shall be granted residency in accordance with paragraph 2 of article 16 of the Act.

The preceding unregistered nationals may apply for registered permanent residency in the Taiwan Area after being granted residency and having continuously resided in the Taiwan Area for three years.

Article 35

Stateless people, as stated in paragraph 2 of article 16 of the Act, or unregistered nationals, as stated in the preceding paragraph shall present the following documents to the BOI for applying residency:

1. residency application form;

2. certificate of a medical examination; and

3. relevant documentation.

The children given birth by the preceding stateless applicants in the Taiwan Area, may apply for residency along with their parents.

The interview stated in article 17 of the Enforcement Regulation of the Act may apply to the applicants of the preceding two paragraphs.

The unqualified items of the health examination, as stated in subparagraph 2 of paragraph 1, shall be notified by the BOI to the Department of Health of the Executive Yuan.

The relevant documentation stated in subparagraph 3 of paragraph 1 refers to the following:

1. passport;

2. entry permit;

3. copy of the indictment or dismissal;

4. birth certificate;

5. certificate of entry dates; and

6. other documentation sufficient to prove the nationality of the ROC.

Article 36

The applicants, as stated in paragraph 1 of the preceding article, who have entered the State with counterfeit, altered, other persons' passports or without permission, may not apply for residency until a prosecutor has closed his investigation on such offence.

Article 37 (later amended)

Chapter 3: Alien's Entry and Exit, Visit, Residency, and Permanent Residency

Article 38

Aliens stated in the Act include stateless people.

Article 39

The Ministry of Foreign Affairs and The ROC overseas missions, which process alien applications for ROC resident visas, shall issue such visas in conformity with the quota stipulated in paragraph 2 of article 21 of the Act. If uncertainty about the quota arises, such applications shall be forwarded to the BOI for approval. The Ministry of Foreign Affairs and ROC overseas missions shall deliver duplicate visa application forms along with relevant documents to the BOI after issuing visas.

Article 40

Continuous legal residency refers to the period of residency completed by the holder of the Alien Resident Certificate, as stated in paragraph 1 of article 23 of the Act; the so-called continuous legal residency includes the periods of legal visit and residency. Applications for permanent residency shall be filed within two years after completing the period of residency, as stipulated in paragraph 1 of article 23 of the Act; the period of residency, completed before the Act goes into effect, shall be included.

Article 41

A decent character, as stated in subparagraph 2 of paragraph 1 of article 23 of the Act, refers to the fact that, in the last five years, no offence punishable with a principal penalty of imprisonment or graver punishment has been committed, or no violation of public order and good customs determined by the BOI has been committed.

Article 42 (later amended)

Article 43 (later amended)

Article 44

Individuals, who concurrently have ROC nationality and apply for entry and exit permits as ROC citizens, shall have their Alien Resident Certificates or Alien Permanent Resident Certificates revoked in accordance with subparagraph 6 of article 30 and subparagraph 7 of article 31 of the Act. Such revocation shall be processed by the BOI after the individuals have applied and received the ROC passports and the stipulation that registered nationals may enter and/or exit the State without prior applications for permission, as stated in paragraph 1 of article 5 of the Act, gone into effect.

Chapter 4: Deportation

Article 45 (later amended)

Article 46

Unregistered nationals, who are deported pursuant to paragraph 1 of article 15 of the Act, or aliens, who are forcibly deported pursuant to article 34 of the Act, shall bear the air/(steamer)fares themselves. If they cannot afford, the BOI shall finance instead unless other laws stipulate otherwise.

Article 47

When deporting unregistered nationals or aliens, The BOI shall assign officers to escort the subjects to airports/seaports, monitor their exit, and hand over their documents to the captain of the aircraft or vessel for safekeeping. In case of possible resistance of deportation or abscond, the BOI shall assign officers to escort them to the destined country or area.

Chapter 5: Responsibilities of Transport Service Proprietors and Immigration Guidance

Article 48

Related expenditures that shall be borne by transport service proprietors, as stated in paragraph 2 of article 41 of the Act, shall include accommodations, living, medical expenses and the fees paid by the competent authorities for attendance.

Article 49

The competent authorities shall collect and compile information concerning the geographical environment, social background, politics, laws, economy, culture, education, manpower demands, and immigration qualifications of the recipient countries or districts, and provide the information for public reference for people who intend to immigrate.

The competent authorities may commission related institutions to conduct immigration planning, consultation, seminars, or provide language and technical training to assist potential emigrants, adapt to the recipient countries and successfully get employed.

Article 50

The competent authorities shall collect information concerning foreign warfare, epidemics, the countries or areas that reject ROC citizens, and timely publish the information for public reference.

Immigration service organizations, that act on behalf of ROC citizens who plan to emigrate to the countries or areas where warfare, epidemics erupt or the ROC citizens are rejected, shall dissuade the subjects in advance.

Article 51

Private organizations, as stated in article 44, refer to corporate bodies, immigration organizations, or the immigration service organizations established pursuant to the Act.

Private organizations, while conducting mass immigrations, shall first consult with recipient countries, and the competent authorities shall coordinate with the Ministry of Foreign Affairs to represent the government to sign mass immigration accords with recipient governments.

The competent authorities may join related departments such as the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economic Affairs, Ministry of Education, Overseas Chinese Affairs Commission, Executive Yuan's Council of Agriculture, Executive Yuan's Council of Labor Affairs, etc. in sending officers to recipient countries or areas to study the feasibility of mass immigrations.

Article 52

The competent authorities based on the principle of reciprocity, through international economic cooperative investments, rewarded overseas investments, agricultural technique cooperation or other measures, may sign mass immigration cooperation accords with countries or areas that welcome ROC immigrants, and coordinate with the Ministry of Foreign Affairs to represent the government to sign mass immigration accords with recipient governments

The competent authorities may commission related agencies or groups to conduct planning, selection, and training for mass immigrations and provide counseling, assistance, and attendance for the immigrants.

Article 53

The immigration service organizations, as stated in paragraph 4 of article 47 of the Act, refer to organizations that conduct immigration affairs and pursuant to The Business Organization Act, or The Private Organizations Act.

Chapter 6: Supplementary Articles

Article 54

The BOI may, in view of the need to verify facts and evidence, send a letter of notice to notify related parties to present their opinions.

Article 55

The BOI, in view of the need to verify facts and evidences, may require related parties or a third party to provide necessary documentation, data, or articles.

Article 56

The BOI may select proper individuals, agencies, or organizations to conduct authentication.

Article 57

The BOI, in order to thoroughly understand facts, may conduct investigations and examinations.

Article 58

If an entry and exit permit, issued pursuant to the Act or the Enforcement Regulations, is damaged or lost, a replacement or a reissue shall be applied for by submitting the following documents; the original permit shall be nullified when a replacement or a reissue is issued:

1. entry and exit permit application form; and

2. affidavit regarding the damaged or lost document.

Article 59

If a Resident Certificate of the Taiwan Area, Alien Resident Certificate, Alien Permanent Resident Certificate, or Immigration Service Registration Certificate, issued pursuant to the Act or the Enforcement Regulations, is damaged or lost. A replacement or a reissue, which shall be valid for a period not longer than the remaining valid period of the original certificate, shall be applied for by submitting the following documents:

1. residency or immigration service registration application form;

2. documents that prove that the application is qualified; and

3. an affidavit regarding the damaged or lost certificates.

Article 60

Individuals, who shall have their fingerprints taken in accordance with paragraph 1 of article 64 of the Act, shall have all their fingerprints taken. If fingerprints cannot be taken because of impaired fingers, a remark should be made.

Aliens who have had their fingerprints taken when applying for an Alien Resident Certificate shall be exempted when applying for an Alien Permanent Resident Certificate.

Individuals, who have not had their fingerprints taken pursuant to paragraph 1 of article 64 of the Act, shall, after reaching the age of fourteen, have their fingerprints taken while applying to extend or change their certificates.

Article 61

Individuals, who have possessed the Resident Certificate of the Taiwan Area or Alien Resident Certificate before the Act goes into effect, shall have their fingerprints taken while applying to extend or change their certificates.

Article 62 (later amended)

Article 63 (later amended)

Article 64 (later amended)

Article 65 (later deleted)

Article 66

The Enforcement Regulations are to be enforced as of the date of publication.