The Ministry of the Interior shall establish the National Immigration Agency (hereinafter referred to as “the agency”) to manage border entry/exit control, administer immigration affairs, carry out immigrant assistance and guidance, ensure immigrant rights and prevent transnational human trafficking.
The Agency shall be in charge of the following matters:
Legislating, coordinating and implementing policies regarding border entry/exit control, immigration and transnational human trafficking affairs.
Examining the entry of people from the Mainland China Area, Hong Kong, Macao residents and nationals without household registration in the Taiwan Area.
Handling the inspection, forensics, permission, and investigation of border entry and exit document.
Examination and permission of the cases relating to sojourn, residency and registered permanent residency for naturalization.
Inspection, detaining, compulsory exiting and deporting of cases relating to violating regulations of entry, exit and immigration related affairs.
Promoting the cooperation and interchange of information concerning entry, exit and immigration affairs among countries.
Coordinating immigrant assistance and guidance, implementing and ensuring immigrant rights.
Planning, coordinating and supervising family assistance to foreign and Chinese spouses.
Determing the status of potential refugees, and handling matters relating to refugee asylum and sheltering.
Investigating and collecting information regarding border security and immigration.
Planning and managing matters related to entry, exit and immigration information.
Handling other affairs related to entry, exit and immigration.
If anything mentioned in the subparagraph 10 of the previous paragraph is related to national security matters, it shall be directed, coordinated, and supported by National Security Bureau, R.O.C.
The Agency shall have one Director-General in equivalent to senior grade 13; two Deputy Directors-general equivalent to senior grade 12.
The Agency shall have one Chief-Secretary at senior grade 11.
If necessary, the Agency shall be permitted by Executive YUAN [Republic of China (Taiwan)], and may dispatch staff members to work in the R.O.C. Overseas Missions in pursuance of the Organization Act of Diplomatic Missions of the Republic of China (Taiwan).
The ranks, grades and number of positions of the Agency staff shall be governed by a separate organizational chart.
The National Immigration Agency staff members who transferred to the Agency in accordance with the Act in effect on January 2, 2007 had passed the special examination under his/her previous governmental organizations.
Those staff members are not obligated to follow all the regulations in the Civil Servant Examination Act, Civil Servant Employment Act, and the regulations under the Civil Servant Special Examination; however, if a staff member requests transfer from the National Immigration Agency to another governmental organization, his/her job duties are limited to the duties performed in his/her previous governmental organizations and the affiliated governmental organizations which held the special examination (which the staff member had passed prior to being transferred to the Agency) and the National Immigration Agency.
The date that this Act enters into effect shall be gazetted by the Executive Yuan.