These Regulations are established pursuant to Article 26, paragraph 3 of the Act for Distant Water Fisheries.

For any fishing vessel permitted by the competent authority to conduct distant water fisheries that meets any of the following conditions, its distant water fisheries operator may employ foreign crew members overseas:
(1) The fishing vessel has operated on the high seas or in waters under the jurisdictions of other countries for cumulative 30 days or above in the current year in which the application for employing crew members is filed or in the preceding year.
(2) The fishing vessel, which does not meet the condition in the preceding subparagraph and has berthed in port for a half year or above but less than one year, was authorized to employ foreign crew members overseas within two years before the application for employing crew members is filed.
(3) The newly-built fishing vessel obtains the replacement tonnage from the fishing vessel which was authorized by the competent authority to conduct distant water fisheries.
(4) The fishing vessel which resumes its operation after the completion of the operation suspension has been authorized to employ overseas foreign crew members within two years before the operation suspension.
Fishing vessels as referred to in subparagraph (3) of the preceding paragraph may apply to employ foreign crew officers overseas prior to the issuance of the Certificate of Distant Water Fisheries Permit after obtaining the Certificate of Vessel’s Nationality.

Any foreign crew member employed by distant water fisheries operators shall meet the following requirements:
(1) He/she has reached the age of 18.
(2) Ordinary crew shall possess the Crew Identification issued by his/her home country; officer shall possess the Certificate of Fishing Vessel Officer issued by his/her home country.
(3) His/her home country is not on the list of countries that foreign crew members are prohibited from being employed.
(4) During the period of employment by distant water fisheries operators of the Republic of China, he/she did not have any record of criminal convictions.
The list of countries that foreign crew members are prohibited from being employed as referred to in subparagraph (3) of the preceding paragraph shall be promulgated by the competent authority.

Distant water fisheries operators may, on their own or commission the agents authorized by the competent authority, to conduct the overseas employment, change of employer, assumed employment, employment termination, transportation, transferring at sea, or disembarkation of foreign crew members.
Distant water fisheries operators that conduct employment of foreign crew members on their own shall not handle relevant matters as referred to in the preceding paragraph through any foreign agent.

Any distant water fisheries operator that employs a foreign crew member overseas shall inform such crew member of matters that shall be included in the employment contract as stipulated in Article 6, before signing a bilingual employment contract with such crew member. Each foreign crew member shall be provided with one copy of the contract.
For any distant water fisheries operator that commissions any agent to employ foreign crew member(s) overseas, a commission contract shall be signed between such operator and agent, and the agent shall sign an employment contract on behalf of the operator(s) with the employed foreign crew member(s).
Any agent commissioned to recruit any foreign crew member in accordance with the preceding paragraph shall inform such crew member(s) of matters that shall be included in the employment and service contracts as stipulated in Article 6 and 13, before signing a bilingual service contract with such crew member(s). Each foreign crew member shall be provided with one copy of both the employment and service contracts.
For any agent that recruits foreign crew member(s) through any foreign agent, the foreign agent with which it cooperates shall meet the following conditions; however, for any fishing vessel employing foreign crew members that is authorized by the competent authority to engage in fisheries cooperation with a foreign country, it is exempted from this provision:
(1) The foreign agent is approved to conduct recruitment business as an agent by the government of the crew member’s home country.
(2) The foreign agent has not been revoked or suspended its authorization for conducting employment service domestically by the home country of the foreign crew member.
(3) The foreign agent has not violated any local labor law or regulations in the recent two years. Relevant documentary proof(s) and its Chinese translation shall be submitted.
A cooperation contract shall be signed between any agent and the foreign agent with which it cooperates, and such agent shall still sign a service contract with the recruited foreign crew member(s) and fulfill the obligation to inform as referred to in paragraph 3.
When fulfilling the obligation to inform in accordance with paragraph 1, 3, and the preceding paragraph, the distant water fisheries operators and agents shall make visual and audio recordings throughout the entire process and keep the recordings for at least three years. This provision also applies when the contract with the foreign crew member is modified or renewed.

The employment contract signed between the distant water fisheries operator and the foreign crew member in accordance with Article 5, paragraph 1 shall include the following:
(1) The validity period of the contract.
(2) Items, amount, and means of payment of the cost or expenses to the foreign crew member. The monthly wage of the foreign crew member shall not be less than the amount as stipulated by the competent authority.
(3) The distant water fisheries operator shall take out the accident, medical, and life insurance for the foreign crew member during the term of the employment contract, where the coverage of pay-as-you-go in the medical insurance shall not be less than three hundred thousand New Taiwan Dollars and the insured amount of the life insurance shall not be less than 1.5 million New Taiwan Dollars. In case of failing to take out the insurances as required, insufficient insurance coverage, or failing to acquire a sufficient claim from an insurer, the distant water fisheries operator shall bear the loss or indemnity.
(4) In case that any foreign crew member suffers from injuries or sickness in the performance of duty, the distant water fisheries operator shall arrange immediate medical treatment and shall pay the medical fees and other related expenses.
(5) In case that any foreign crew member suffers from injuries or sickness not in the performance of duty, the distant water fisheries operator shall arrange immediate medical treatment and shall make an advance payment of the medical fees and other related expenses.
(6) The transportation arrangement and related transportation expenses of the foreign crew member.
(7) The minimum rest hours per day for foreign crew members shall be at least ten hours and the rest hours shall consist of a period of at least six uninterrupted hours. Foreign crew members shall have a minimum 77-rest-hour in any seven days. However, in consideration of fishing operation, compensatory leave(s) at seas or after the fishing vessel enters port may be arranged in accordance with the agreement between the employer and the employee.
(8) The distant water fisheries operator shall respect the need of the foreign crew member for religious holidays.
(9) The compensation and arrangement provisions in case of breaching the contract.
(10) The distant water fisheries operator shall make filing complaints to the concerned authorities accessible for foreign crew members.
(11) The foreign crew member may ask for early termination of the employment contract and returning to his/her home country.
(12) Contact information of the foreign crew member and his/her relatives
(13) Other rights and obligations.
The monthly wage as referred to in subparagraph (2) of the preceding paragraph means the remuneration a foreign crew member receives for executing the employment contract, including wages, salaries, and any other regular payment.
The monthly minimum wage stipulated by the competent authority as referred to in subparagraph (2) of paragraph 1 is 450 US Dollars, and it shall be 550 US Dollars from July 1, 2022, onwards. The monthly minimum wage is subject to adjustments after being at least annually reviewed by the competent authority.
The means of payment as referred to in subparagraph (2) of paragraph 1 shall meet one of the following conditions, and distant water fisheries operators shall make full payment to foreign crew members and bear any service charge incurred:
(1) To pay in cash to the crew member.
(2) To make payment to the account designated by the crew member, which shall not be the account of a foreign agent.
(3) To make payment to the account designated by the crew member through a domestic agent, and the designated account shall not be the account of a foreign agent.
The beneficiary of the insurance amount as referred to in subparagraph (3) of paragraph 1 shall be the concerned foreign crew member. The beneficiary of the life insurance, other than the spouse, shall be in the following order:
(1) Lineal descendants by blood.
(2) Parents.
(3) Brothers and sisters.
(4) Grandparents.
The employment contract as referred to in paragraph 1 shall be in accordance with the template drawn up and promulgated by the competent authority.
For the employment contracts that were signed prior to the amendment and the promulgation of these Regulations on 20 May 2022, where the agreed minimum wage is less than 550 US Dollars, distant water fisheries operators shall, before 1 January 2023, re-sign the employment contracts with foreign crew members or directly adjust the wage of crew members in accordance with paragraph 3.