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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 15:11
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Chapter Law Content

Title: Human Trafficking Prevention Act CH
Category: Ministry of the Interior(內政部)
Chapter One: General Provisions
Article 1
This Act is enacted to prevent human trafficking and to safeguard the rights of victims.
Article 2
The terms used in this Act are defined as follows:
1. Human trafficking: means offense committed willfully and deliberately, for the purpose of exploitation, and in any manner of:
(1) Illegal means: the use of violence, threats, intimidation, confinement, monitoring, drugs, hypnosis, fraud, purposeful concealment of important information, illegal debt bondage, withholding important documents, making use of the victim’s inability, ignorance or helplessness, or other similar means. However, if a victim is under the age of 18, regardless of whether the above means are used, it constitutes human trafficking.
(2) Illegal acts:
a. Engaging in the recruitment, trading, pledging, transportation, delivery, receipt, harboring, hiding, brokering, or accommodating a national or foreign person.
b. Causing others to engage in any sexual intercourse or lewd acts in exchange for any monetary or other considerations.
c. Subjecting others to slavery or practices similar to slavery, forced labor or service, labor to which pay is obviously not commensurate with the work, or committing acts that are criminally punishable under the laws of the Republic of China.
d. Organ harvesting.
2. Offenses of human trafficking: means acts of human trafficking conducted in violation of this Act, the Criminal Code, Labor Standard Law, or Child and Youth Sexual Exploitation Prevention Act, Human Organ Transplant Act, or other related laws.
3. Improper debt bondage: means the use of unclear contracts or unreasonable payments of a debt to place people under bondage, in order to fulfill or guarantee the payment of their debts.
4. Labor to which pay is not commensurate with the work duty: The labor income actually earned by the victim is apparently unreasonable in consideration of the work hours, nature of work, workplace, work environment, and other labor conditions, which are compared with the general labor conditions of similar jobs.
Article 3
The competent authorities referred to in this Act: the Ministry of the Interior at the central government level; municipal governments at the municipal level; county (city) governments at the county (city) level.
The central competent authority shall be in charge of the following functions:
1. The research, planning, enactment, promotion, and enforcement of the policies, rules and programs of human trafficking prevention and control.
2. The coordination and supervision of the municipal and county (city) governments in the execution of human trafficking prevention and control.
3. The planning, promotion, supervision and execution of the investigation of human trafficking cases and the transfer of criminal cases, the rescue and identification of human trafficking victims, and protection of the personal safety of human trafficking victims.
4. The safeguard of the human rights, protection and sheltering, resource integration and allocation, promotion, supervision, and execution concerning human trafficking victims without a valid visitor or resident visa that grants permission to work in Taiwan (hereinafter referred to a work permit).
5. The planning, promotion, supervision and execution of human trafficking prevention publicity and related professional training.
6. The counseling and assistance to the affairs of human trafficking prevention and control promoted by the local governments and various authorities.
7. The compilation and publication of human trafficking information.
8. The international liaison, exchange and cooperation in human trafficking prevention and control.
9. The planning, supervision, and execution of other national human trafficking prevention and control.
Article 4
The governments of municipalities and counties (cities) shall regularly hold liaison and coordination conferences on human trafficking prevention and control; designate authorities or departments specifically to integrate the authorities, departments, and manpower related to police affairs, public health affairs, social affairs, labor affairs, and human trafficking prevention and control; and coordinate the specialized operations brigades or service centers of the National Immigration Agency of the Ministry of the Interior to fulfill the following functions (they may request assistance from judicial authorities if necessary):
1. The execution of the human trafficking prevention and control policies, regulations and programs adopted by the central government and the integration of related resources.
2. The execution of the investigation of human trafficking cases and the transfer of criminal cases, the rescue and identification of human trafficking victims, and protection of the personal safety.
3. The screening for designated infectious diseases; medical treatment; evaluation of injury and collection of evidence; psychological counseling; and psychological therapy of human trafficking victims.
4. The safeguard of the rights, protection and sheltering of human trafficking victims who are nationals with household registration in the Taiwan Area, and the supervision and counseling of organizations that administer sheltering.
5. The planning and execution of the employment, employment promotion and protection, labor rights, workplace safety, and other related rights of human trafficking victims.
6. The compilation of statistical information on human trafficking cases.
7. The execution of other functions related to human trafficking prevention and control.
Article 5
The provisions of this Act that involve the related central competent authorities’ functions and powers shall be dealt with by the authorities thereof; their powers and responsibilities are divided as follows:
1. Judicial competent authority: the planning, promotion and supervision of the investigation and prosecution of human trafficking.
2. Health and welfare competent authority: the planning, promotion and supervision of the screening for designated infectious diseases, medical treatment, injury evaluation and evidence collection, the psychological counseling and psychological therapy of human trafficking victims, protection and sheltering for a human trafficking victim who is a national with household registration in the Taiwan Area.
3. Labor affairs competent authority: the planning and revision of the policies, regulations, and programs for the employment counseling; employment promotion and protection; labor rights safeguard; and workplace health and safety of the human trafficking victims. The planning, promotion, supervision and execution of the protection and sheltering, and issuance of work permits for human trafficking victims with a valid resident visa.
4. Coast guard competent authority: the planning, promotion, supervision and execution of the investigation of human trafficking cases, transfer of criminal cases, the rescue and identification and protection of the personal safety of human trafficking victims.
5. Mainland affairs competent authority: The coordination, liaison and supervision of the human trafficking cases that involve the Mainland Area, Hong Kong or Macau, and other relevant affairs.
6. Foreign affairs competent authority: the planning, promotion, and supervision of the coordination, liaison, international information sharing, bilateral and non-governmental cooperation concerning human trafficking cases and human trafficking prevention and control.
7. Agriculture competent authority: labor rights and other necessary assistance for victims of human trafficking who are non-R.O.C. (Taiwan) crew members employed overseas by R.O.C. (Taiwan) fishing vessel operators.
8. Transportation competent authority: the planning of transportation protection measures for human trafficking and other necessary assistance.
9. Education competent authorities: education on human trafficking prevention policies, knowledge promotion and other necessary assistance in educational Institutions at all levels.
10. Other human trafficking prevention and control measures planned and implemented by the related competent authorities in accordance with their respective functions and powers.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)