Any applicant intending to become the agent shall meet the following qualifications:
(1) It is established in accordance with the Regulations for Permission and Supervision of Private Employment Services Institution and approved to recruit foreign persons to work in the Republic of China.
(2) It is a company of the Republic of China founded and registered pursuant to the Company Act.
The agents that are authorized prior to the amendment and promulgation of these Regulations on 20 May 2022 and do not meet the qualifications as referred to in the preceding paragraph shall not, from January 1, 2023, onwards, conduct the recruitment of foreign crew members. The competent authority shall revoke such agents’ authorization, and the provisions stipulated in Article 20, paragraph 4 and 5 shall apply mutatis mutandis.

Any applicant intending to become the agent shall submit a guarantee bond in advance to the competent authority.
The guarantee bond as referred to in the preceding paragraph shall be submitted in cash, by remittance, or by transfer. The amount shall, in accordance with the number of people that the agent plans to employ as specified in its operation plan or business execution plan, be divided as follows:
(1) Under 150 persons: 500 thousand New Taiwan Dollars.
(2) 150 or above and under 700 persons: 1 million New Taiwan Dollars.
(3) 700 persons or above: 2 million New Taiwan Dollars.

Any applicant intending to become the agent shall apply to the competent authority with the enclosure of the following documents:
(1) Documentary proof that it is established in accordance with the Regulations for Permission and Supervision of Private Employment Services Institution and is approved to recruit foreign persons to work in the Republic of China.
(2) Copies of both sides of the national identity card of the person in responsible or legal representative.
(3) A copy of the document proving the registration of the company.
(4) The operation plan or business execution plan, including the number of persons planned to recruit and documentary proof of the submission of the guarantee bond.
(5) Other documents designated by the competent authority.
The competent authority, after examining and approving the application as referred to in the preceding paragraph, will issue the authorization document whose validity is up to two years.
Any agents shall, within 60 days starting from the date of obtaining the authorization as referred to in the preceding paragraph, complete the registration of changing business categories and report to the competent authority for perusal before it engages in the recruiting business. The authorization shall be revoked by the competent authority for failing to do so.
For any agent that has not re-applied for the authorization three months before the expiry of the authorization, the provisions stipulated in Article 19, paragraphs 2, 3, 5, and 6 shall apply mutatis mutandis.
For any agent that completed the business transfer and four months have passed since the date of authorization expiry of such agent, Article 19, paragraph 7 may apply mutatis mutandis for the application of interest-free refund of the guarantee bond.

Where there is any change to the matter as referred to in Article 9, paragraph 1, the agent shall apply to the competent authority for the permission of such change with the enclosure of relevant documentary proof.
Any agent intending to increase the planned recruited number in its operation plan or business execution plan as referred to in subparagraph (4) of Article 9, paragraph 1 shall make up the shortfall in the guarantee bond in accordance with Article 8, paragraph 2.
In case that any agent intends to reduce the planned recruited number in its operation plan or business execution plan as referred to in subparagraph (4) of Article 9, paragraph 1, and the actual recruited number is below the planned revision one, such agent may apply, in accordance with Article 8, paragraph 2, for a downward adjustment of the guarantee bond and for an interest-free refund on the overpaid guarantee bond.
Any agent authorized prior to the amendment and promulgation of these Regulations on 20 May 2022 that meets the qualifications as referred to in Article 7, paragraph 1, and continues engaging in the recruiting business may, before 1 July 2023 apply for an interest-free refund on the overpaid amount of the guarantee bond as referred to in Article 8, paragraph 2.

In case of any of the following circumstances, the competent authority shall deny the application for becoming the agent:
(1) One year has not passed since the authorization is revoked pursuant to Article 19, paragraph 4.
(2) One year has not passed since the prohibition on engaging in recruiting business pursuant to Article 20, paragraph 1, or two years have not passed since the authorization is revoked pursuant to Article 20, paragraph 2.
(3) For applicants that do not re-apply for the authorization in accordance with the deadline prescribed in Article 9, paragraph 4, one year and three months have not passed since the next day of the application deadline.
(4) The person in charge or the legal representative of the agent has committed any violation as prescribed in Article 2, subparagraph (2) of the Human Trafficking Prevention Act, and has been convicted by the judiciary authority.
(5) The person in charge or the legal representative of the agent served as the person in charge or the legal representative of another agent, and one year has not passed since such another agent is prohibited from engaging in recruiting business pursuant to Article 20, paragraph 1, or two years have not passed since the authorization of such agent is revoked pursuant to Article 20, paragraph 2.

The commission contract signed between the distant water fisheries operator and the agent shall specify the followings:
(1) The names of the agent and the distant water fisheries operator.
(2) The commissioned items, fees, and means of payment.
(3) Compensation of the loss caused when the foreign crew member(s) fails to report for duty to the employer.
(4) The entry into the Republic of China, embarkation, handover, and medical examination of the foreign crew member(s), and reporting the result of medical examination.
(5) The repatriation, filling in the vacancy, assumed employment, and management of the foreign crew member(s).
(6) Means to address the breach of contract.
(7) In case that it is agreed that the distant water fisheries operator pays the wage through the agent, the agent shall prepare a list of wages of foreign crew members, which shall include the date when the wage is paid, wage items, the total amount of the wage, and other relevant matters. The original copy of the list shall be provided to the distant water fisheries operator before the wage payment for the next period is made, and the copy of the list of wages shall be kept for at least five years.
(8) Other rights and obligations.

The service contract signed between the agent and the foreign crew member shall specify the followings:
(1) The service items.
(2) The fees and amount.
(3) Means of payment and refund.
(4) Compensation in case of breaching the contract.
(5) Other rights and obligations.
The service contract as referred to in the preceding paragraph shall not be under any of the following circumstances:
(1) Conflicting with the rights and obligations stipulated in the template of the employment contract as referred to in Article 6, paragraph 6.
(2) Forcing the foreign crew member to work under coercion, duress, or other illegal means.
(3) Charging any service fee from the foreign crew member.
(4) Charging fees under false pretenses.
(5) Making advance deduction of wages as a penalty for breaching the contract or as indemnity.
(6) Forcing the foreign crew member to work on board another fishing vessel (s).
(7) Violating other matter(s) as stipulated by the competent authority.

The cooperation contract signed between the agent and the foreign agent as referred to in Article 5, paragraph 5 shall specify the following:
(1) Names of the distant water fisheries operator(s) and vessel(s) to work on board, fishing area(s), recruiting post(s) for foreign crew member(s), and the term of the contract. In case that the relevant information is to be confirmed, such information may not be specified.
(2) Qualifications to be held and matters to be complied with by foreign crew member(s).
(3) The amount of the wage of foreign crew member(s) and means of payment; types of insurances and the insured amount for foreign crew member(s); the sharing amount of the transportation costs of the round trip from the home country of foreign crew member(s) to the port of embarkation and repatriation.
(4) The basic rights and interests of the distant water fisheries operator and foreign crew member(s).
(5) Means to address the breach of the contract by the distant water fisheries operator or foreign crew member(s)
(6) Dispute settlement.
(7) Other matters as agreed upon by both parties.
The means of payment as referred to in subparagraph (3) of the preceding paragraph, whether or not the consent from the foreign crew member(s) is obtained, shall not be made through any foreign agent.
Within 15 days after the contract as referred to in paragraph 1 is signed; the agent shall submit the copy and the Chinese translation of the contract to the competent authority for perusal.

The agents shall conduct the following matters:
(1) Fulfilling the obligations set forth in the commission contracts and service contracts signed with the distant water fisheries operators and the foreign crew members.
(2) In the event that any foreign crew member is under the circumstances stipulated in Article 28, subparagraphs (7), (9), (11) to (15); or is injured or sick and requires a long period of medical treatment; or perishes, repatriating or sending such foreign crew member or the corpse and personal belongings to his/her home country.
(3) Handling disputes and emergencies between distant water fisheries operators and foreign crew members.
(4) Negotiating the compensation in the event that any foreign crew member results in a loss to the distant water fisheries operator.
(5) Cooperating with the competent authority in holding a workshop(s) to educate distant water fisheries operators and foreign crew members.
(6) Assisting in searching for and reaching foreign crew member(s) whose whereabouts are unknown.
(7) Supervising and managing foreign crew member(s) who enters the Republic of China via aircraft until the foreign crew member(s) is handed over to the distant water fisheries operator(s).
(8) Supervising foreign crew member(s) who enters the Republic of China via aircraft or fishing vessels and ensuring the foreign crew member(s) follow pandemic prevention measures required by the health competent authority.
(9) Other matters designated by the competent authority.

Unless otherwise provided in these Regulations, any foreign crew member recruited by one agent shall not be transferred to other agents.

In case that any distant water fisheries operator that commissions an agent or an agent fails to fulfill the obligations set forth in the contract, such as the wage, insurance, medical care, transportation fees, and damage compensation of the foreign crew member, and such operator or agent fails to discharge the debt or pay within the required timeframe after being notified by the competent authority, the competent authority may make compensation from the guarantee bond submitted by such agent pursuant to Article 8.
For the amount paid from the guarantee bond in accordance with the preceding paragraph, the competent authority shall order the agent to make up the shortfall in accordance with the amount prescribed in Article 8, paragraph 2 within a timeframe.

The competent authority may conduct an annual review of the agents, and the grades on the review are categorized into A, B, and C, which are to be announced by the competent authority.
Any agent shall accept inspections on the rights and interests of foreign crew member(s) and its business execution by the personnel designated or commissioned by the competent authority. Evading, obstructing, or refusing any inspection is prohibited.

Any agent intending to terminate its operations (hereinafter referred to as the inoperative agent) shall submit, three months in advance of terminating operations, a plan of termination operations and apply to the competent authority for approval.
The competent authority shall, upon approval of the application as referred to in the preceding paragraph, order the inoperative agent to transfer its recruiting business to another agent(s) (hereinafter the assuming agent) within the required timeframe.
The inoperative agent as referred to in the preceding paragraph shall not conduct any other recruiting business, except for transferring recruiting business and repatriating foreign crew members to their home countries.
Once the inoperative agent has fulfilled its obligations as referred to in the preceding paragraph, it shall apply to the competent authority for revocation of its authorization as the agent with the enclosure of the following documents:
(1) Lists of the distant water fisheries operator(s) who originally commissioned the agent and the foreign crew members employed thereby.
(2) Documents proving that the distant water fisheries operator(s) agrees to terminate the contract.
(3) A copy of the commission contract(s) signed between the distant water fisheries operator(s) and the assuming agent(s).
The assuming agent(s) whose grade on the annual review shall be B or above in the previous year.
The assuming agent(s) shall sign a new commission contract with the distant water fisheries operator(s) and the distant water fisheries operator(s) shall apply for the permission pursuant to Article 23, paragraph 1 to employ the foreign crew member(s).
The inoperative agent whose authorization has been revoked may only apply for the interest-free refund of the guarantee bond four months after the date of revocation. Where such application is approved, the competent authority shall refund without interest the guarantee bond after deducting the amount of compensation made pursuant to Article 17, paragraph 1.
An authorized agent that has never conducted recruitment of any foreign crew member may apply for revocation of authorization and interest-free refund of the guarantee bond.

In case of any of the following circumstances, the competent authority shall prohibit the agent from recruiting any foreign crew member for a period of one year:
(1) The foreign agent with which the agent cooperates does not meet the conditions as stipulated in Article 5, paragraph 4.
(2) The agent makes payment of wage of foreign crew member(s) through a foreign agent, in violation of Article 14, paragraph 2.
(3) The agent is under the circumstances stipulated in Article 17, paragraph 1, and has not improved after being ordered to make improvements within the required timeframe.
(4) The agent has not made up the shortfall of the guarantee bond within the required timeframe pursuant to Article 17, paragraph 2.
(5) The percentage and number of its recruited foreign crew members whose whereabouts are unknown within three months after embarkation reach the percentage and the number as prescribed in Appendix 1.
In case of any of the following circumstances, the competent authority shall revoke the authorization of the agent:
(1) The agent whose grade on the review is C for two consecutive years.
(2) Human trafficking or forced labor occurred to a recruited foreign crew member on board a fishing vessel flying the flag of the Republic of China or a foreign fishing vessel invested or operated by the nationals of the Republic of China, and such incident is either prosecuted by the judiciary of the Republic of China or other countries, or is confirmed to be true by any international fisheries organization, and the agent concerned is found failed to handle the matters as stipulated in Article 15.
For any agent whose grade on the review in 2021 was C or D and remains C in 2022, its authorization shall be revoked in accordance with the preceding paragraph.
For any agent whose authorization is revoked, the competent authority shall order such agent to transfer its business to another agent(s) within a given timeframe or to repatriate the recruited foreign crew member(s) to his/her home country.
The agent as referred to in the preceding paragraph shall submit documents to the competent authority for perusal after the completion of transferring its business or repatriating the foreign crew member(s). For the documents to be submitted, qualifications held by and matters to be conducted by the assuming agents, and the interest-free refund of the guarantee bond, Article 19, paragraphs 4 to 7 shall apply, mutatis mutandis.

• Appendix 1.pdf

The competent authority may commission professional institution(s) to conduct the following matters:
(1) The receipt of the guarantee bond as referred to in Article 8, paragraph 1; informing distant water fisheries operators and the agents to discharge the debt or pay within the required timeframe, or making the compensation with the guarantee bond pursuant to Article 17, paragraph 1; or the interest-free refund of the guarantee bond pursuant to Article 19, paragraphs 7 and 8.
(2) Review of the agents.
(3) Mediation in complaint cases pursuant to Article 36, paragraph 3.