Chapter 11 Penalties
Article 72-1
A person who violates Subparagraph 1 or 2 of Article 7-1, Paragraph 1 of Article 21-1, or Subparagraph 2, Paragraph 1 of Article 21-1 as applied mutatis mutandis by Paragraph 2 thereof shall be sentenced to imprisonment for not less than one (1) year and not more than seven (7) years or, in addition thereto, a fine of not more than NT$1 million.
A person who commits the crime in the preceding Paragraph with intent to profit therefrom shall be sentenced to imprisonment for not less than three (3) years and not more than ten (10) years or, in addition thereto, a fine of not more than NT$5 million.
A ringleader in the preceding two Paragraphs shall be sentenced to imprisonment for not less than five (5) years or, in addition thereto, a fine of not more than NT$10 million.
A person who attempts to commit offence defined in the preceding three Paragraphs shall be sentenced.
Article 73
A person who exchanges, hands over travel documents, or uses other illegal means at airports or seaports, in order to use an aircraft, a vessel, or any other means of transport to carry people not to be transported to the State or any countries according to any contracts shall be sentenced to imprisonment for not more than five (5) years or, in addition thereto, a fine of not more than NT$2 million.
A person who attempts to commit offence defined in the preceding Paragraph shall be sentenced.
Article 74
A person who enters the State without permission or exits the State during period which a departure prohibition order remain in force shall be sentenced to imprisonment for not more than five (5) years or short-term imprisonment, or by a fine of not more than NT$500,000, or both. The same rule applies to a person who violates Paragraph 1, Article 10 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area or Paragraph 1, Article 11 of the Laws and Regulations Regarding Hong Kong & Macau Affairs, and enters the Taiwan Area without permission.
A person who is subject to prohibition from exiting the State and meets any of the following circumstances shall be sentenced to imprisonment for not more than three (3) years or short-term imprisonment , or by a fine of not more than NT$90,000, or both:
1. Has used a counterfeited or tampered passport/travel document, which is not of the State, to undergo inspection thereof upon exiting the State.
2. Has used another person’s passport/travel document or a passport/travel document applied by using a false identity, which is not of the State, to undergo inspection thereof upon exiting the State.
A person who has used another person’s passport/travel document or a passport/travel document applied by using a false identity, which is not of the State, to undergo inspection thereof upon exiting the State shall be sentenced to imprisonment for not more than one (1) year or short-term imprisonment , or fined of not more than NT$9,000, or both.
Article 74-1
A person who violates Subparagraph 3 of Article 7-1 or Paragraph 2 of Article 29 shall be fined not less than NT$200,000 and not more than NT$1 million. The penalty shall be imposed on the person every time when violating this provision.
A national without household registration in the Taiwan Area or an alien who overstays a visit or a period of residence shall be fined not less than NT$10,000 and not more than NT$ 50,000.
A person who, with intent to faciliate a national without household registration in the Taiwan Area or an alien who overstays a visit or a period of residence to engage in illegal activities, habour or causes the concealment of the national or the alien shall be fined not less than NT$ 60,000 and not more than NT$300,000. The penalty shall be imposed on the person every time when violating this provision.
For special reasons, the competent authorities may, upon approval, deduct or waive the penalty imposed on the conduct that shall be fined in the preceding three Paragraphs.
The competent authorities shall enact regulations that govern the recognition and reduction standards of special reasons in the preceding Paragraph.
Article 75
An immigration service organization shall be fined not less than NT$200,000 and not more than NT$1 million if it does not acquire a license pursuant to Article 55, or if it conducts immigration services pursuant to each subparagraph of Paragraph 1, Article 56 after cancellation of the license. The penalty shall be imposed on the organization every time the organization violates this provision.
Article 76
If any of the following circumstances occurs, the violator of this provision shall be fined not less than NT$200,000 and not more than NT$1 million. The penalty shall be imposed on the person every time the person violates this provision.
1. A company or a firm engages in transnational marriage match.
2. A person engages in transnational marriage match and request remunerations or contractual remunerations.
Article 77
If any of the following circumstances occurs, the violator of this provision shall be fined not less than NT$100,000 and not more than NT$500,000:
1. Violation of Paragraph 1 of Article 4, and entering or exiting the State without being inspected.
2. Violation of the exception of Paragraph 1 of Article 5, and exits the State without approval.
Article 78
If any of the following circumstances occurs, the violator of this provision shall be fined not less than NT$100,000 and not more than NT$500,000. The penalty shall be imposed on the person every time the person violates this provision.
1. A person violates Paragraph 3 of Article 58 by commissioning others to or being commissioned to disseminate, broadcast or publish advertisements on transnational marriage match; or by disseminating, broadcasting or publishing advertisements on transnational marriage match on his/her accord.
2. A person violates Paragraph 1 of Article 59 by engaging in transnational marriage match without permission; or engages in transnational marriage match after the permission is revoked or terminated.
Article 79
If an immigration service agent corporation meets one of the following circumstances, it shall be fined not less than NT$30,000 and not more than NT$150,000 and ordered to improvewithin the specified period in the order. If it is still not improved after the lapse of such period, it shall be ordered to have its business closed.
1. Fails to renew registration license to the National Immigration Agency pursuant to Paragraph 3 of Article 55.
2. Violates Paragraph 2 of Article 56 by failing to have its overseas immigration funds permitted by the National Immigration Agencycase by case.
3. Violates Paragraph 3 of Article 56 by collecting the amount of money related to immigration investment funds.
4. Violates Paragraph 4 of Article 56 by disseminating, broadcasting or publishing advertisements on immigration businesses, which have not been reviewed, affirmed or approved.
5. Violates Paragraph 6 of Article 56 by failing to submit its annual statistics of immigration service cases; having submitted untrue annual business operation reports; storing related information without complying with the provisions; or avoiding, obstructing or refusing an inspection.
6. Violates Paragraph 7 of Article 56 by failing to sign a written agreement with the principal.
If one who conducts immigration services pursuant to the exception of Paragraph 1 of Article 55 meets one of the circumstances in the preceding Paragraph, he/she shall be fined not less than NT$30,000 and not more than NT$150,000 and ordered to improve within the specified period in the order. If he/she makes improvements after the lapse of such period, he/she shall be ordered to have his/her license cancelled and have the punishment published.
Advertising enterprises, publication enterprises, broadcast corporations, television corporations, electronic signaling corporations, internet enterprises or other media enterprises, which violate Paragraph 5 of Article 56, shall be fined not less than NT$30,000 and not more than NT$150,000. They shall be ordered, in addition, to cease dissemination, broadcast or publication. The enterprises which have not ceased to disseminate, broadcast or publish advertisements mentioned in the said provision, shall be fined not less than NT$60,000 and not more than NT$300,000. Additionally, the penalty shall be imposed on the enterprise every time the enterprise violates this provision.
Article 80
If a person meets one of the following circumstances, he/she/its shall be fined not less than NT$ 30,000 and not more than NT$150,000. Additionally, the penalty shall be imposed on the person every time the person violates this provision.
1. Fails to submit the business condition report pursuant to Paragraph 1 of Article 59.
2. Fails to store the information on match business pursuant to Paragraph 2 of Article 59 or avoided, obstructed or refused the inspection
3. Violates the fore part of Paragraph 1 of Article 60 by failing to accomplish inspecting and proving the content of the information provided by parties who are to be matched and to keep confidential of the information.
4. Violates the second part of Paragraph 1 of Article 60 by providing personal information to others or intentionally concealing the personal information which are required to be provided to others without the written consent of the party who is to be matched.
Article 81
When the competent authority receives a complaint set forth in Article 62 and believes that the matters violate such a provision, it shall notify the person who violates the law to improve within the specified period in the order. If after the lapse of such period, the person still does not improve, he/she shall be fined not less than NT$5,000 and not more than NT$30,000.
Article 82
A person who violates Paragraph 2 of Article 47 by using an aircraft, a vessel, or any other means of transport to carry passengers without travel documents to enter the State shall be fined not less than NT$20,000 and not more than NT$100,000 for each passenger carried.
A person who assists another person in committing the offence set forth in the preceding Paragraph shall be subject to the same punishments.
Article 83
The captain of an aircraft or a vessel, or the transport service proprietor, who violates Paragraph 1 of Article 47, Paragraph 1 of Article 48, Article 49 or Article 50 without justifiable reasons, shall be fined not less than NT$20,000 and not more than NT$100,000 for eachbreach.
Article 85
If a person meets one of the following circumstances, he shall be fined not less than NT$2,000 and not more than NT$10,000:
1. Refuses to produce his/her passport, Visit Permit in the Taiwan Area, Alien Resident Certificate, Alien Permanent Residence Certificate, Entry Permit or other identification documents.
2. Applies for an Alien Residence Certificate without conforming to the prescribed period provided under Paragraph 2 of Article 22 or Article 26.
3. Applies a change of registration without conforming to Paragraph 7 of Article 9 or Paragraph 5 of Article 31.
4. Violates Paragraph 2 of Article 66 by refusing to take an interview on-site.
5. Violates Paragraph 3 of Article 67 by avoiding, obstructing or refusing an inspection.
6. Violates Paragraph 2 of Article 71 by voiding, obstructing or refusing an inspection.
Article 86
Where an immigration service agent corporation disseminates, broadcasts or publishes advertisements of immigration businesses, which have been reviewed and approved but having no approval number of the registration license, and advertisements on immigration, the National Immigration Agency shall give the organization a warning and order it to make improvements within the specified period in the order. If it still does not improved after the lapse of such period, the Agency shall order it to close its business.
If one who conducts immigration services pursuant to the exception of Paragraph 1 of Article 55 violates the preceding Paragraph, the National Immigration Agency shall give him/her a warning and order him/her to make improvements within the appointed in the order. If after the lapse of such period, he/she still does not make improvements, the Agency shall cancel his/her license and publish the punishment.
Article 87
If an immigration service agent corporation meets one of the following circumstances, its permit shall be terminated, the registration license shall be cancelled and the announcement with respect to the foresaid matters shall be made. The competent authority in charge of registration of companies shall be informed to terminate the company’s registration or parts of registered items:
1. Is convicted of a crime by the judicial authority due to assist client in making immigration application on false information and submitting false documents.
2. Is commissioned to conduct immigration matters and is convicted of defrauding a client by a judicial authority.
3. Lends the registration license to others for business uses.
4. Is ordered to close its business.
5. Does not comply with the requirements stipulated under Paragraph 1 of Article 57 for the operation permit due to changes of circumstances. The organization is notified to improve within the specified period in the order, but after the lapse of such period, it is still not improved.
If one who conducts immigration services pursuant to the exception of Paragraph 1 of Article 55 meets any of the following circumstances, his/her license shall be cancelled and the punishment shall be published:
1. Violates any of Subparagraphs 1 to 3 of the preceding Paragraph.
2. Fail to comply with the requirement stipulated under Subparagraph 4, Paragraph 1 of Article 57 for operating immigration services due to changes of circumstances. He/She is notified to make improvemtns within appointed period in the order. However, after the lapse of such period, he/she still does not make improvements.
For those who conduct immigration services pursuant to the provison of Paragraph 1 of Article 55, the subjects of disposition under Article 75, Paragraph 2 of Article 79, Paragraph 2 of Article 86, or the preceding Paragraph are the juridical persons if being incorporated attorneys or law firms, and the managing attorneys or attorneys responsible for management of operations if being sole-proprietorship, co-location or partnership attorneys or law firms.