Any foreign crew member employed overseas shall embark or disembark in a foreign port(s). However, in case of any of the following circumstances and with the permission from the competent authority, this provision is not applicable:
(1) Where the fishing vessel has returned to the Republic of China due to changing fishing areas or annual maintenance, the foreign crew member(s) recruited by the agent(s) which is commissioned by the distant water fisheries operator(s) may enter the Republic of China via aircraft and then leave with the fishing vessel from the port for fishing operations.
(2) During the operation at sea, the foreign crew member(s) with the need to disembark for any reason may embark on fishing vessels or carrier vessels other than the fishing vessel on which he/she is employed to ports.
(3) During the operation at sea, the fishing vessel is short-staffed due to the circumstances in the preceding subparagraph and thus needs replenishing crew members, the replenished foreign crew member may embark on other fishing vessels or carrier vessels at foreign ports to the fishing vessel on which he/she is employed.
Where crew member(s) embarks on fishing vessels or carrier vessels other than the fishing vessel on which he/she is employed in accordance with subparagraph (2) or (3) of the preceding paragraph, the distant water fisheries operator shall not request the concerned crew member to perform any duty during his/her stay on other vessels.

Within 30 days after a foreign crew member is employed and embarks at a foreign port, or before a foreign crew member departs from the Republic of China with the fishing vessel after the entry via aircraft for employment, the distant water fisheries operator shall fill in and submit the list of employed or changed foreign crew members (fill in Appendix 2 for overseas employment; fill in Appendix 3 for any foreign crew member entering the Republic of China for employment), together with the electronic file, to the fishery association(s) or the fishermen’s association(s) for registration in the Fisheries Management Information System. The following documents shall be submitted as well to the fishery association(s) or the fishermen’s association(s) for verification and subsequent delivery to the competent authority for permission:
(1) A copy of the passport of each foreign crew member. However, for any foreign crew member employed under fisheries cooperation and works on board the fishing vessel operating within the exclusive economic zone of the foreign country with which the fisheries cooperation is engaged, a copy of the passport is not required.
(2) For ordinary crew, a copy of the Crew Identification issued by his/her home country shall be provided; for officer, a copy of the Certificate of Fishing Vessel Officer issued by his/her home country shall be provided.
(3) For any foreign crew member embarking at a foreign port, a copy of the crew list validated and stamped by the port State or relevant documentary proof shall be enclosed.
(4) A copy of the employment contract signed by the distant water fisheries operator and the foreign crew member. In the event that the distant water fisheries operator commissions an agent to conduct the employment, a copy of the commission contract signed between such operator and agent as well as a copy of the service contract signed between such agent and the foreign crew member shall be submitted as well.
(5) A copy of documents proving the foreign crew member is insured.
(6) Documentary proof that certifies the foreign crew member has passed the medical examination at the local medical institution of the country of his/her origin or the country of the embarkation port within the recent three months. Items required for examination are the same as those set forth in paragraph 3 of the Requirements for Medical Examination in the Certificate of Medical Examination on the Crew Member of Fishing Vessel (as shown in Appendix 7).
(7) A color photograph of the foreign crew member or the electronic file.
(8) The foreign crew member’s onboard care service plan.
The onboard care service plan as referred to in subparagraph (8) of the preceding paragraph shall specify at least the following items:
(1) The hygiene and safety of potable water, food, and accommodation.
(2) Health protection.
(3) Emergent pandemic prevention measure.

• Appendix 2 List of Employed or Changed Foreign Crew Members (for overseas employment).pdf
• Appendix 3 List of Foreign Crew Members Entering the Republic of China for Employment viaAircraft.pdf

In the event that any foreign crew member is transferred to be employed on another fishing vessel, or the ownership of the fishing vessel is changed, the new distant water fisheries operator who assumes the employment of the foreign crew member(s) shall fill in and submit the list of changed employment, together with the electronic file, within 30 days after the employed foreign crew member(s) embarks on the fishing vessel to relevant fishery association or fishermen’s association for registration in the Fisheries Management Information System. The document signed by the former distant water fisheries operator of discharging the foreign crew member(s), and the documents stipulated in subparagraphs (4), (5), and (8) of Article 23 shall be submitted as well to the relevant fishery association or fishermen’s association for verification and subsequent delivery to the competent authority for approval.

For the application of overseas employment or changing employment of foreign crew member(s) made in accordance with Article 23 and 24 and approved by the competent authority after examining, a permission document shall be issued, with a copy of the approved list of employed or changed foreign crew member(s) to the Border Affairs Corps of the National Immigration Agency, Ministry of the Interior where the relevant fishery association or fishermen’s association is located.
Before the tenth day of each month, fishery associations or fishermen’s associations shall submit the statistics on employment or change of foreign crew members (format as shown in Appendix 4) and the statistics on foreign crew members whose whereabouts are unknown (format as shown in Appendix 5) to the municipal and county (city) governments for delivery to the competent authority.

• Appendix 4 Statisticson Employment or Change of Foreign Crew Membersby.pdf
• Appendix 5 Statisticson Foreign Crew MembersWhose Whereabouts Are Unknownby.pdf

For any foreign crew member that is employed by any distant water fisheries operator with the approval from the competent authority and meets the requirements stipulated in subparagraph (1) of Article 22, paragraph 1, for entering the Republic of China via aircraft, the following procedures shall be followed:
(1) The distant water fisheries operator shall fill in and submit a guarantee letter for applying for the entry visa of the foreign crew member (format as shown in Appendix 6) along with the proving documentation (format as shown in Appendix 7) issued in the past three months by a medical facility in his home country stating that the foreign crew member has passed a medical examination, to relevant fishery association or fishermen’s association for delivery to the competent authority for examination.
(2) Upon verification that the fishing vessel is in compliance with the conditions stipulated in Article 2 and the foreign crew member meets the qualifications stipulated in Article 3, the competent authority shall stamp on the guarantee letter submitted by the distant water fisheries operator.
(3) The distant water fisheries operator shall, within three months from the next day after the guarantee letter is stamped, submit the guarantee letter stamped by the competent authority to the relevant embassy, consulate, or representative office of the Republic of China for the applications of entry visa of the foreign crew member. Such stamped guarantee letter is for the use of the visa application at that time only.
The distant water fisheries operator shall, in cooperation with the containment needs of the local municipal and county (city) governments, arrange for the employed foreign crew member(s) to undergo a medical examination in a designated hospital within three working days after the foreign crew member(s) enters the Republic of China, and shall, within seven days starting from the next day of obtaining the medical report, submit the medical report to relevant fishery association or fishermen’s association for delivery to the Municipal and County (City) Governments for perusal. Items of the medical examination and the designated hospital shall be in compliance with the requirements of the local municipal and county (city) governments.
The foreign crew member shall depart with the fishing vessel for fishing operations within 14 days after entry into the Republic of China.
The competent authority or the municipal and county (city) governments commissioned by the competent authority shall send the stamped guarantee letter as referred to in subparagraph (3) of paragraph 1 to the relevant embassy, consulate, or representative office of the Republic of China, and a copy to the Ministry of Foreign Affairs.

• Appendix 6 Guarantee Letter ofthe Distant Water Fisheries Operator For the Entry Visa of Foreign Crew Members.pdf
• Appendix 7 Certificate of Medical Examination on the Crew Member of Fishing Vessel.pdf

In the event of the situation as stipulated in subparagraph (2) of Article 22, paragraph 1, the concerned distant water fisheries operator shall apply to the competent authority in writing with the following information and obtain permission prior to sending the employed crew member away from the fishing vessel where he/she is employed:
(1) Name and contact information of the vessel operator.
(2) Name, nationality, passport number, and reason of the crew member that needs to disembark.
(3) Name of the fishing vessel or carrier vessel that is planned to embark on, as well as the name and contact information of the concerned vessel operator.
(4) Estimated date of disembarkation, port of arrival, and date of arrival.

(1) In the event of the situation as stipulated in subparagraph (3) of Article 22, paragraph 1, and the following conditions are met, the concerned distant water fisheries operator may apply to the competent authority for permission to allow his/her employed foreign crew member to embark on other fishing vessels or carrier vessels at foreign ports to the fishing vessel on which the crew is employed. The current fishing trip of the fishing vessel does not exceed ten months. However, in the event that other regulations and orders applicable to the operation of distant water fishing vessels provide otherwise, such regulations and orders shall be followed.
(2) During the current fishing trip, the number of crew members transferred to the fishing vessel on which the concerned crew members are employed does not exceed that of crew members disembarking from that fishing vessel during the same fishing trip by other fishing vessels or carrier vessels.
(3) The maximum number of crew members applied to be transferred to the fishing vessel on which the concerned crew member is employed shall be one-fifth of the number of crew members that the fishing vessel can carry, to be counted as one person if the figure derived is less than one.
For distant water fisheries operators that fail to apply for permission in accordance with the preceding paragraph and transfer his/her employed crew member from other fishing vessels or carrier vessels to the fishing vessel on which the crew member is employed, no permission of such shall be granted for five years from the day the activity is discovered.

In case that any distant water fisheries operator provides onshore accommodation for the foreign crew member(s) during his/her stay in the Republic of China, such operator shall submit an accommodation plan to the municipal and county (city) governments in which the port is located for perusal at the time when the fishing vessel enters the port or before the foreign crew member enters the Republic of China via aircraft.
The accommodation plan as referred to in the preceding paragraph shall specify the accommodation site, estimated period, and crew list.
The municipal and county (city) governments where the accommodation site is located shall call together the local coast guard, police, port authority, sanitation, labor, and immigration agencies to establish a working group that meets annually and whenever necessary to discuss the following matters:
(1) Matters relating to foreign crew members’ accommodation control, public safety management, and port entry/exit.
(2) Matters relating to the containment of foreign crew members.
(3) Matters relating to humanitarian rescue of foreign crew members in the event of distress.
(4) Matters relating to coordination and liaison among relevant agencies and investigation or arrest in the event of any foreign crew member whose whereabouts are unknown.
(5) Other necessary matters.
The competent authority may, where necessary, call together relevant agencies to hold a coordination meeting to consult the matters as referred to in the preceding paragraph.

During the term of employment of any foreign crew member, any distant water fisheries operator shall comply with the following requirements:
(1) To fulfill the contents of the contract signed with the foreign crew member and the agent, respectively.
(2) To ensure any foreign crew member onboard enjoys the benefits and labor protections equivalent to those of the same post.
(3) To be responsible for the life care and the provision of services specified in the onboard care service plan of the foreign crew member prior to his/her repatriation and paying related expenses. This provision also applies to any distant water fisheries operator who commissions other fishing vessels or carrier vessels to transfer the crew member.
(4) The wage shall be paid fully and directly by the distant water fisheries operator to the foreign crew member. However, items and amounts that may be directly deducted from the wage pursuant to other laws and regulations are not subject to this provision.
(5) Whether or not consent from the concerned foreign crew member is obtained, making wage payment to the foreign crew member through any foreign agent, or docking the foreign crew member’s wage for the reason of building up savings, safekeeping, or for any other reasons for the crew’s sake shall be prohibited.
(6) To keep, for five years, a list of wages of foreign crew members, which shall include the wages paid, wage items, payroll, and so on. This provision also applies to any distant water fisheries operator who commissions any agent to make wage payments to foreign crew members. If such payment is not made on time or in full, the distant water fisheries operator shall still bear the responsibility.
(7) To keep, for five years, an attendance record of crew members as agreed between the employer and the employees, and to request the captain to authentically record the daily working hours of crew members and provide such record to the operator within the period of port entry after every trip and the next port departure.
(8) To ensure any employed foreign crew member not to work on another fishing vessel(s) or premises, or engage in other labor unrelated to fisheries.
(9) To inform the local municipal and county (city) governments, the coast guard administration, and the police administration in the event that any foreign crew member commits a crime, is nowhere to be found, gets in a fight, or commits a serious infringement.
(10) To assist in searches for any runaway foreign crew member whose whereabouts are unknown.
(11) To inform, within 24 hours, the local sanitary control agency pursuant to Article 42 of the Communicable Disease Control Act, upon discovery that a foreign crew member is suspected to contract a contagious disease as defined by law.
(12) To cooperate with the Border Affairs Corps of the National Immigration Agency, the Ministry of the Interior to arrange for aircraft to repatriate any foreign crew member that is employed without permission and enters the Republic of China via fishing vessel(s).
(13) To repatriate the employed foreign crew member in the event that the fishing operations cannot be continued for the fishing vessel being detained, sunk, or struck by a fire or for any other causes.
(14) In case of injury, casualty, or other serious emergencies of any foreign crew member, to promptly notify relevant agencies and make arrangements for emergency medical services and treatments, and to submit a written report on the handling of the situation to the relevant fishery association or fishermen’s association for delivery to the municipal and county (city) governments and the competent authority.
(15) In case that a foreign crew member is unable to perform duties due to injuries or sickness, to promptly provide him/her with good care and arrange immediate medical treatment.
(16) To be responsible for supervising and managing the foreign crew member during his/her stay in the Republic of China.
(17) To take out insurance for crew members prior to their embarkation. The type of insurance to be taken out, the insured amount, the duration of the insurance, and the beneficiaries of the insurance shall comply with the provisions as stipulated in subparagraph (3) of Article 6, paragraph 1, and Article 6, paragraph 5, and shall provide relevant proof of insurance to the concerned crew members.
(18) To make inflatable life jackets available on the vessel, and to request crew members to wear an inflatable life jacket while performing duties on the deck.

Within 30 days after a foreign crew member is discharged, any distant water fisheries operator shall fill in and submit a list of employed or changed foreign crew members, together with the electronic file, to the relevant fishery association or fishermen’s association for registration. The fishery association or fishermen’s association shall enter such information into the Fisheries Management Information System and forward it to the competent authority for perusal.
For any foreign crew member that is employed by the distant water fisheries operator and disembarks in a foreign port, the distant water fisheries operator shall complete the procedures stipulated in the preceding paragraph in addition to submitting a copy of the port entry crew list stamped by the port State or copies of relevant documents proving the purchase of a flight ticket and embarkation on the flight by such foreign crew member.

For any foreign crew member that enters the Republic of China with the fishing vessel, the distant water fisheries operator shall apply to the Border Affairs Corps of the National Immigration Agency, Ministry of the Interior where the fishing vessel enters the port for the temporary entry permit of such crew member.
In the event that the foreign crew member that enters the Republic of China with the temporary entry permit as referred to in the preceding paragraph needs to stay in the Republic of China beyond the authorized duration of stay, the distant water fisheries operator shall, before the expiry of the temporary entry permit, apply to the Bureau of Consular Affairs, Ministry of Foreign Affairs for the visitor visa.

The entry into the Republic of China of any foreign crew member via aircraft or with a fishing vessel, and the duration of stay shall be subject to the Immigration Act and relevant regulations.
Once the authorized duration of stay for a foreign crew member who entered the Republic of China via aircraft or with a fishing vessel expires, or once the reason for approving his/her stay no longer exists, the distant water fisheries operator shall arrange for repatriation of the foreign crew member on the most available aircraft or the same fishing vessel.

In cases that the whereabouts of any foreign crew member are unknown within the Republic of China, the competent authority may, for a period of one month or above to less than five years starting from the date that the whereabouts are known, deny applications from such distant water fisheries operator for employing foreign crew members in accordance with the number of foreign crew member(s) whose whereabouts are unknown, and upload such information to the Fisheries Management Information System.
The period of denying applications as referred to in the preceding paragraph shall not be terminated owing to the transfer of the fishing vessel owner.
Where cross-border human trafficking is caused by any employed foreign crew member whose whereabouts are unknown or any foreign crew member gets tortured or beaten, the municipal and county (city) governments shall provide assistance within their competence to the National Immigration Agency, Ministry of the Interior pursuant to the Regulations Governing Prevention of Transnational Trafficking in Persons and Protection of Victims.

Any fishing vessel with any employed foreign crew member shall accept the inspection(s) on matters as referred to in Article 32, paragraph 3 and regarding the labor rights in fisheries conducted by the personnel designated or commissioned by the competent authority, the municipal and county (city) governments when entering any port of the Republic of China. In case that a fishing vessel with employed foreign crew member(s) is abroad, it shall accept inspection(s) conducted by the personnel designated or commissioned by the competent authority, and shall not evade, obstruct, or refuse.
The captain and crew member(s) being inspected as referred to in the preceding paragraph shall comply with the following provisions:
(1) To facilitate the authorized inspector in prompt and safe embarkation for onboard inspection or inspection of onshore accommodation of foreign crew members.
(2) To cooperate with the inspection and questioning of the inspector, including providing the crew list, the travel identity document(s) of the crew member(s), the crew identification(s), and all related documents.
(3) Shall not attack, resist, threaten, interfere with, inappropriately obstruct or delay the inspector in carrying out his/her inspection duties.
(4) To provide the space and equipment necessary for the inspector to carry out his/her tasks onboard.
(5) To facilitate the inspector’s safe disembarkation.

Where any foreign crew member is involved in a dispute concerning the rights or obligations during the term of employment, he/she may request the municipal and county (city) governments to call together the distant water fisheries operator, the foreign crew member, and relevant agencies for meditation.
Coast guard agencies and management agencies of onshore accommodation shall, upon receiving the complaint case from any foreign crew member, immediately forward it to the municipal and county (city) governments as referred to in the preceding paragraph in addition to necessary disposal.
The municipal and county (city) governments shall, within seven days of receiving the complaint as referred to in the preceding two paragraphs, call together the agent, distant water fisheries operator, foreign crew member, and relevant associations to mediate. Where the dispute cannot be settled, such case shall be forwarded to the competent authority for mediation