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

Print Time:2024/11/22 09:50
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Chapter Law Content

Chapter 2 Application For Registration
Article 5
A person intending to engage in the operation of salvage shall fill out the application form together with the following document in triplicate and accompanying by a registration fee of NT$1,000 for registration of establishment, which is to be sent to local commercial port authority for review and relaying to MOTC for approval and issuing permit and such person shall also complete the company or commercial registration in accordance with the laws before commencing operations.
1.application form
2.basic information of representative
3.name list of manager(s)
4.in case of corporation organization, the drafted Articles of Corporation.
5.operation plan and budget of operating revenue and expenditure
6.list and particular of the salvage equipments
7.certificate of ship's registry and charter party for not self-owned vessel.
8.qualification certificates of technician(s) and contract of employment (including information of labor insurance)
Article 6
While a salvage operator applying for permit, its equipment and the qualification of its technicians shall meet the minimum standard according to regulations, and shall also be examined and recorded by the local commercial port authority and then to be submitted.
The minimum standards of equipments of a salvage operator are as following:
1.one crane barge with weighing capacity of 30 tons and over,
2.two underwater work boats
3.four sets of dive equipments
4.four sets of dive suits
5.two units of water pumps
6.two units of sand pumps
The qualification standards of salvage technicians are as following:
1.in collaboration with minimum standard of equipments in preceding section, at least four members of salvage technicians qualifying with professional diving license, and one of them shall be prescribed a diving license with Category B.
2.physical condition of salvage technicians shall pass physical examinations at least Category B from public hospitals.
Article 7
The salvage operator, whose permission has been granted and the permit have been issued, sustains damage or loss of equipment shall sufficiently replace such equipment immediately for which shall not be lower than the minimum standard of equipments as stipulated in the preceding article second paragraph. Any further replacement or variation of equipment shall, supporting with List of Salvaging Equipment Inspected, report to the local commercial port authority for filing.
Article 8
A salvage operator desiring to alter the organization, name and address shall make an application to the local commercial port authority for relaying to MOTC for approval, and process the registration of change pursuant to laws after approved to renew company license or commercial license. And then it shall be reported to the local commercial port authority for relaying to MOTC for replacing the permit within 30 days after the completion of the company or business registration of such alteration by law.
Where any other permitted particular alters, shall report to the local commercial port authority for relaying to MOTC for filing.
Where alteration of address refereed to in the first section hereinabove thus causes to change the administration authority, the permit shall secure replacement by MOTC through an application made to the commercial port authority in the original district for transmitting to the commercial port authority in the new district where the address is moved.
Article 9
A salvage operator who does not commence operation within six months after being issued the permit, voluntarily suspended the business for a period of more than six months, or close business, shall report to the local commercial port authority for filing. The said salvage operator shall, within 30 days from the date of suspending or closing business, surrender the original permit to local commercial port authority for relaying to MOTC to revoke the operation permission and withdraw the permit. Failure to surrender within the specialized period, the local commercial port authority is entitled to report to MOTC for revoking its operation permission and withdraw the permit.
In case the permit of a ship tally is revoked, the commercial port authority shall notify the authority in charge of the Registration of Company or commercial entity.
Article 10
The salvage operator whose permit has been revoked or annulled will be relieved of its responsibility only after liquidating the sunken ships or substances salvaged pursuant to the laws and regulations.
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