Chapter 2 Nationals’ Entry and Exit
Article 5
Nationals who have household registration in the Taiwan Area may enter and/or exit the State without application for permission, save staff who involve in national security shall be approved by the staff’s service authorities before exiting the State.
Nationals without household registration in the Taiwan Area shall apply to the National Immigration Agency for permission to enter the State. However, one with a valid passport of the State is exempted from applying for permission to enter the State or may do so when entering the State.
National Security Bureau, Ministry of the Interior, Ministry of National Defense, Ministry of Justice and Ocean Affairs Council shall respectively enact regulations with respect to the scopes of the staff regulated in the exception of Paragraph 1, conditions for approval of the said staff, procedures and other matters which shall be complied with by the staff.
The competent authority shall consult with related authorities to enact regulations with respect to the scopes of the subjects who are exempted from applying for permission to enter the State or may do so when entering the State regulated in the exception of Paragraph 2, conditions and other matters which must be complied with by the subjects.
Article 6
A national shall be prohibited from exiting the State if he/she falls any of the following circumstances:
1. Has been sentenced to imprisonment or more serious penalty and have not served or completed the term of sentence.
2. Have been wanted.
3. Has been restricted from exiting the State by the judicial authorities or military authorities due to being under investigation.
4. Has been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or social stability.
5. Has been strongly suspected to be involved in turmoil or foreign aggression.
6. Has been strongly suspected to be involved in major economic crimes or major criminal cases.
7. Has been waiting for conscription or have not completely fulfilled their military service obligation except if permitted to exit the State in accordance with laws and orders.
8. Has held a passport, flight crew I.D., seaman service book, or entry and exit permit that has been illegally acquired, counterfeited, or tampered, or that belongs to another person.
9. Has failed to have his/her passport, flight crew ID, seaman service book, or entry and exit permit inspected in accordance with Article 4.
10. Has been restricted or prohibited from exiting the State by other laws.
The National Immigration Agency shall approve an individual under protective measures, who has been permitted to go abroad by the juvenile court judge or the prosecutor, to exit the State.
When any person who is prohibited from exiting the State in accordance with Subparagraph 2, Paragraph 1 exits the State and such a matter is found out by the National Immigration Agency at the inspection of the person, the Agency shall notify judicial authorities and police authorities under their jurisdiction to conduct the matter. When any person who is prohibited from entering the State in accordance with the same provision enters the State, the same procedure shall also apply to him/her. Where any person who is prohibited to exit the State in accordance with Subparagraph 8, Paragraph 1 exits the State and such a matter is found out by the National Immigration Agency at the inspection of the person, the Agency shall arrest him/her immediately and transfer him/her to judicial authorities.
Judicial authorities or military authorities shall notify the National Immigration Agency of the circumstances on exit of the State prohibited by Subparagraphs 1 to 3, Paragraph 1. Each functional authority shall notify the National Immigration Agency of the circumstance set forth in Subparagraph 10.
Where judicial authorities or military authorities, Ministry of Justice Investigation Bureau or National Police Agency, Ministry of the Interior investigate cases under Subparagraphs 4 to 6, Paragraph 1, due to urgent occassions, may notify the National Immigration Agency to prohibit the subject from exiting. The period for the prohibition of exit shall not be more than twenty-four (24) hours from the time of the notice.
Any person who is prohibited from exiting the State pursuant to Subparagraph 1 or restricted from exiting the State by military authorities due to his/her case pursuant to Subparagraph 3 shall be notified in writing of the reasons for such prohibition or restriction by the National Immigration Agency after the Agency is notified, save any person who is prohibited from exiting the State pursuant to Subparagraph 2 or Subparagraph 8, Paragraph 1. Any person who is restricted from exiting the State by judicial authorities due to his/her case pursuant to Subparagraph 3 or restricted or prohibited from exiting the State pursuant to Subparagraph 10 shall be notified in writing of the reasons for such restrictions or prohibitions by each functional authority. When any person who is restricted from exiting the State by judicial authorities due to his/her case pursuant to Subparagraph 3 or prohibited from exiting the State pursuant to Subparagraphs 7, 9 and 10, and the preceding Paragraph exits the State and such a matter is found out by the National Immigration Agency at the inspection of the person, the Agency shall provide reasons in writing to the person and inform him/her verbally of the same.
Article 7
The National Immigration Agency shall deny or prohibit a national without household registration in the Taiwan Area from entering the State if he/she falls within any of the following circumstances:
1. Have joined a violent or terrorist organization or its activities.
2. Have been strongly suspected to be involved in turmoil or foreign aggression.
3. Have been suspected to be involved in major crimes or to be habitual criminals.
4. Have held a passport or entry permit that is illegally acquired, counterfeited, or tampered, or that belongs to another person.
The National Immigration Agency may deny or prohibit from a national without household registration in the Taiwan Area who possesses foreign nationality simultaneously entering the State, if he/she falls any circumstances set forth in each Subparagraph of the preceding Paragraph or each Subparagraph of Paragraph 1, Article 18.
The competent authority and the Ministry of justice shall jointly enact regulations with respect to standards for recognition establishing major crimes or habitual criminals provided by Subparagraph 3, Paragraph 1, and major economic crimes or major criminal cases provided by subparagraph 6, Paragraph 1 of the preceding Article respectively.
Article 7-1
No one shall engage in any of the following conducts:
1. Facilitating, aiding or abetting any national who is prohibited from exiting the State to exit the State.
2. Facilitating, aiding or abetting any national without household registration in the Taiwan Area to enter the State without inspection.
3. Facilitating, aiding or abetting any national without household registration in the Taiwan Area to engage in activity that is against his/her approval purpose of visit or residence not authorized by the entry permit or immigration status.