Chapter 9 Immigration Guidance and Administration of Immigration
Article 51
The government shall provide protection, care, assistance, planning, and guidance to immigrants.
The competent authority shall coordinate with other government bodies (institutions) or private organizations to provide immigrants with services such as consultation, lectures, language and skills training.
Article 52
The government may dissuade nationals from planning to immigrate to countries or regions where wars or epidemics are ongoing or where nationals are rejected.
Article 53
Mass immigration shall be operated by private organizations or by the competent authority which carries it out through evaluating, coordinating, and guiding international economic cooperative investment, rewarded overseas investment, agricultural technology cooperation, or other measures.
Article 54
The competent authority may coordinate with the departments concerned to help establish overseas compatriot schools or encourage local banks to establish overseas branches according to the actual needs of immigrants and in accordance with local laws and regulations.
Article 55
The operation of immigration services is exclusively reserved for corporate organizations, which shall apply for an operation permit from the National Immigration Agency, register themselves as corporations in accordance with laws, and receive a license from the Agency before they can conduct immigration services. Those who conduct immigration services pursuant to Paragraph 2 of Article 21 or Article 120 of the Lawyer Act, however, shall apply to the Agency for a license.
Branches established by foreign immigration service organizations in the State shall apply for an operation permit from the National Immigration Agency, register themselves in accordance with the Company Act, and receive a license from the Agency before they can conduct immigration services.
The immigration service agent corporations stated in the preceding two Paragraphs shall apply to the National Immigration Agency for permission of their changes in their registered items or filing of and future reference of the changes within fifteen (15) days from the next day of the date of the occurrence of the fact; they shall apply to the Agency for a change of their licenses within one (1) month from the next day of the date of the completion of registering changes of corporate information. Those who conduct immigration services pursuant to the exception of Paragraph 1 shall, however, apply to the Agency for a change of their licenses within one (1) month from the next day of the occurrence of the fact that their registered items change.
Where the central authority in charge of labor affairs permit private employment service institutions to engage in transnational human resources agent businesses, the institutions shall apply for residence applications for the aliens that they have brokered.
Article 56
An immigration service organization may render each of the following various immigration services:
1. Acting as an agent to handle matters concerning applications for residence, registered permanent residence, permanent residence, or naturalization.
2. Acting as an agent to handle matters concerning applications for non-tourist visitor visas.
3. Conducting immigration funds related to investment, which are exclusively needed for the protection of immigrants' rights.
4. Providing counseling on other matters concerning immigration.
Where an immigration service organization handles overseas immigration funds as provided by Subparagraph 3 of the preceding Paragraph, it shall apply to the National Immigration Agency for permission on case-by-case basis.
Immigration service organizations which render the services stated in Subparagraph 3 of Paragraph 1 shall not receive the amounts of money related to immigration investment funds.
Beforethe immigration service organizations which advertise the various services stated in each of the subparagraphs of Paragraph 1 can disseminate, broadcast or publish these advertisements, immigration organizations designated by the National Immigration Agency shall review and approve the content of these advertisements, andapproval number, which signify the immigration organizations’ reviews and approval of the content of the advertisements, to the immigration service organization. However, the advertisements produced by overseas immigration funds must be transferred for immigration associations’ reviews and approval on case-by-case basis. The advertisements shall be re-transferred for the approval of the National Immigration Agency before they can be disseminated, broadcasted or published.
Advertising enterprises, publication enterprises, broadcast corporations, television corporations, electronic signaling corporations, internet enterprises or other media enterprises shall not disseminate, broadcast or publish an immigration service organization’s advertisements which are not endowed or issued with approval number signifying the immigration organizations’ reviews and approval of the content of the advertisements.
An immigration service organization shall submit its statistics of immigration service cases annually and store related information for five (5) years. They shall not avoid, obstruct or refuse an inspection conducted by the National Immigration Agency.
When an immigration service organization is commissioned to handle businesses set forth in each subparagraph of Paragraph 1, it shall sign a written agreement with the principal.
Article 57
An immigration service organization shall fulfill the following requirements before applying for and during operating the immigration services:
1. Has more than a certain amount of net capital.
2. Employs full-time qualified specialists and meet the quatas.
3. Has deposited a certain amount of money as security at a financial organization.
4. Has met other mandatory requirements designated by the competent authority.
The restrictions set forth in Subparagraphs 1 to 3 of the preceding Paragraph do not apply to those who conduct immigration services pursuant to the exception of Paragraph 1, Article 55.
The competent authority shall enact regulations that govern procedures of application for operating immigration services; required documents; net capital; qualifications of the person in charge of the organization; qualifications of a specialist; quota; training; tests; guidance and administration; amount of margin; revocation of permits; issuance, reissuance, cancellation and collection of a registration license; required documents for applications for permission of handling immigration funds; review and approval of advertisements on immigration businesses; and other matters which shall be complied with.
Article 58
Transnational marriage match shall not be an item of business operation.
Transnational marriage agencies shall not demand remunerations or contractual remunerations.
No person shall disseminate, broadcast or publish advertisements of transnational marriage agencies through advertising, publication, broadcast, television, electronic signaling, internet or other means that can make the advertisements publicly known.
Article 59
The operation of profit making transnational marriage agencies and of non-profit transnational marriage agencies shall be permitted by the National Immigration Agency and they shall submit their business operation reports to the Agency periodically.
The agencies mentioned in the preceding Paragraph shall store the information on their businesses for five (5) years respectively. They shall not avoid, obstruct or refuse inspections conducted by the National Immigration Agency.
The competent authority shall enact regulations that govern requirements for an application for permission mentioned in Paragraph 1, an application procedure, the period of review, revocation and termination of permits, business inspection, supervision and administration, and other matters which shall be complied with.
Article 60
A transnational marriage agency shall be obliged to accomplish inspecting and proving the content of the personal information provided by both parties who are to be matched and to keep confidential of the personal information. After both parties reach a written agreement, they are to provide personal information to each other integrally and reciprocally.
The written agreement mentioned in the preceding Paragraph shall be made in the official language of the country where a party resides.
Article 61
The companies or films which were legally established before September 26, 2006 and that marriage matching businesses were operating items shall not engage in transnational marriage match from the first day of the expiration of the implementation period – one (1)-year period – of the amended texts dated November 30, 2007.
Article 62
Any person shall not discriminate against people residing in the Taiwan Area on the basis of nationality, race, color, class and place of birth.
Any person whose rights are trespassed due to the discrimination mentioned in the preceding Paragraph can file a complaint to the competent authorities on the basis of the situations of the trespass, unless the matter is regulated by other laws otherwise.
The competent authorities shall enact regulations that govern items, requirements for filing a complaint mentioned in the preceding Paragraph, complaint procedures and the composition of a review committee.