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

Print Time:2022/09/26 18:54

Chapter Law Content

Title: The Seafarer Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 2 Qualification, Vocation, and Cultivation of Seafarers
Article 5
All seafarers shall be not less than 16 years of age.
All masters shall be the nationals of the Republic of China (the ROC).
Article 6
The qualification of seafarers shall be in conformity with the provision of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and any other international covenants. Seafarers shall also pass the Seafarer Examination or verification of the Seafarer Training.
For foreign national seafarer’s application qualification employed by R.O.C. vessels, the relevant laws shall apply.
Provisions for the application, annulment, cancellation, training foreigner ratio and other matters concerning the training verification and issuance of certificate for seafarers shall be prescribed by the competent authority.
Anyone who has been convicted under final and unappealable judgment of a violence under the Act Governing the Control and Prohibition of Gun, Cannon, Ammunition, and Knife, the Punishment of Smuggling Act or the Drug Prevention and Control Act, and sentenced to 6-month imprisonment or above shall not be a seafarer.
Article 7
Any person, who meets the requirements set forth in the preceding Article, can practice as a seafarer only after having filed an application for a competency certificate with the shipping administration authority and having obtained the competency certificate issued by the MOTC.
Article 8
A seafarer can serve aboard a ship only when he qualified through a medical fitness examination and possesses a seafarer service book in accordance with relevant regulations.
A seafarer who is working on a ship shall undergo periodic health examinations. The seafarer, who is unqualified by or refused to undergo such examination, shall not be permitted to work on board.
Expenses for the medical health examinations for seafarers as provided by the preceding paragraph shall be on the employer’s account, affiliated to the Commission.
Seafarers’ physical examination and health examinations shall be performed by the medical institutions which meet the prescribed conditions, or the medical institutions affiliated to the department of the organization where the seafarers serve, and the examination records shall be well kept.
The MOTC shall coordinate the central government authorities which are in charge of labor safety and sanitation to set down the stipulations concerning seafarers’ fitness and health examinations, as well as the requirements of the medical institutions.
Article 9
In order to cultivate seafarers, the competent authority shall consult and coordinate with the Ministry of Education (the MOE) to establish maritime colleges or adjust the relevant schools and departments of existing maritime universities or colleges.
The shipping administration authority shall assist in the arrangement of the students from maritime universities or colleges to go on board ships for practices. The ship’s registered owner or the parties who have the right to employ seafarers shall not refuse to do so without due reasons.
Article 10
In order to foster technical manpower for maritime professionals, to enhance working technology and to promote national employment, the shipping administration authority shall establish or assist in the establishment of seafarer vocational training centers, or entrust other relevant professional organizations, to conduct pre-service and in-service training for seafarers.
The costs required for the vocational training as mentioned in the preceding paragraph, in addition to be budgeted and paid by the shipping administration authority, may be paid by the seafarers or employers.
Article 10-1
Regulations on the program of seafarer training transacted by professional organizations as mentioned in Paragraph 1 of the preceding article, as well as the students’ and instructors’ qualifications, the curriculum of training, facilities and expenses, imposition of certification fee, management of training and other relevant matters shall be prescribed by the competent authority.
The shipping administration authority may perform supervision over the professional organizations offering seafarer training, and the professional organizations shall not evade, impede or avoid such supervision, and will be notified of deficiencies if any, and shall improve within a certain period of time when so advised.
Article 11
When a seafarer is required to participate in training or qualification examinations held by the shipping administration authority, the employer shall provide the appropriate cooperation.
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