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Article 1
These Regulations have been drawn up in accordance with the provisions of Paragraph 3, Article 65 of the Immigration Act (hereafter “the Act”).
Article 2
Interviews of people from the mainland China area entering Taiwan for purposes of join-family, residency or household registration permission must be applied for in accordance with the Act governing the Relations between the People of the Taiwan Area and the People of the mainland China Area (hereafter “the Act Governing Relations between People across the Taiwan Strait”) and the related regulations.
Article 3
The National Immigration Agency (hereafter “ the Agency”)may interview the applicants at the time of receiving the application, or notify the applicants in writing as stated in the following:
(1) Overseas applicants: Interviews are conducted by the Overseas Missions, Representative Offices, or other organizations authorized by the Ministry of Foreign Affairs.
(2) Applicants in the mainland China area: Interviews are conducted by the designated organizations, or branch organizations of the authorized private service provider in mainland Chinese Area in accordance with the Paragraph 1 and Paragraph 2 of the Article 4 of the Act Governing Relations between People across the Taiwan Strait respectively.
(3) Applicants in Hong Kong or Macau: Interviews are conducted by the organizations designated or set up by the Executive Yuan or the authorized private service providers.
(4) Applicants in Taiwan Area: Interview is conducted by the places designated by the Agency.
Article 4
The National Immigration Agency may issue entry permits to Nationals without household registration, people of the mainland China area, or residents of Hong Kong and Macau before entering Taiwan and then conduct the interviews at the Agency’s designated places at airports or harbors at the time upon their arrival.
Article 5
The Applicant being interviewed shall prepare the following documents:
(1) Interview notification (except in cases where the applications are accepted at the time of interview);
(2) Identification document;
(3) Other supporting document(s).
Article 6
If an applicant is audibly or orally challenged or can not communicate in language, an interpreter may be provided by the Agency or the interview may be conducted in writing.
Article 7
The interviewers are assigned by the Agency. An interviewing team is formed by two Level 4 or higher junior officers. Interviews are conducted either by an interviewing team or a Level 6 or higher senior officer.
If the interviewee is involved in any crime or suspicion of any crime, the interviewee should be dealt in accordance with the code of criminal procedure.
Article 8
The interviewers shall dress appropriate uniforms for their positions and shall maintain reasonable standards of neatness and cleanliness with sincere attitude. Interviews shall be conducted without any acts of violence, intimidation, inducement, deception or any other improper behaviors. In addition, interrogations shall not be conducted when the interviewee is fatigued or exhausted.
The interview can be conducted at night before 10 p.m. after having the consent of the interviewer. If the interview is conducted at the airport or seaport, the accommodation is arranged by the interviewer when the legal interview time is over and the interviewee is waiting for the next day to be interviewed.
The boarding expenses in the proceeding paragraphs should be paid by the interviewee.
Article 9
During the interviewing, the interview report is done by the interviewer at the scene and recording all the interviews. If necessary, video recording is also allowed.
An interview report should including the following facts:
(1) The name, nationality, birthday, identification documentation no., overseas address and domestic domicile of the interviewee.
(2) The inquiries towards interviewee and his/her statements.
(3) The date and venue of the interview.
The interview report should be read aloud by the interviewer or interpreter at the scene or signed by the interviewee after he/she has read the report by him/herself.
All the interview information including the interview report, recording, and video recording shall be summarized by the National Immigration Agency, along with the application forms, certified proof documentation, and other related document(s), all of these shall be also archived in a folder. Two copies of the interview report shall be made; if the interview is done overseas, one copy should be kept in the organization where the interview is done. Another copy shall be attached with the application form along with the recording and video recording information to be presented to the National Immigration Agency for approval.
Article 10
If the National Immigration Agency considers the words in the interview report to be flawed and a re-verification is necessary, the interviewee shall be informed and notified a second interview.
If the interview of an applicant is considered to be complicated, as it is difficult to determine the veracity of the statements made by the interviewee, the Agency may grant entry permission to such applicant. Interview notification for a second interview will be conducted to this kind of applicant within one month of entry into the State at a designated place.
The above-mentioned procedures apply only to applicants who are nationals without household registration in the Taiwan area, people of the mainland China area, and residents of Hong Kong and Macau ( in accordance with Article 4 of the Immigration Act).
Article 11
The approval or disapproval of an application case filed by an interviewed applicant is made in accordance with the related laws or regulations.
Article 12
The Ministry of the Interior holds the right to determine the effective date of these Regulations.