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Chapter Law Content

Chapter II The Agents
Article 7
He who applies to be the agent shall be limited to the following legal persons or organizations:
(1) Fishermen’s associations.
(2) Fishery associations established pursuant to the Commercial Group Act.
(3) Fishery organizations established pursuant to the Civil Associations Act and registered as legal persons.
(4) Companies of the Republic of China founded and registered pursuant to the Company Act.
Article 8
Any applicant intending to become the agent shall submit a guarantee bond in advance to the competent authority.
The guarantee bond 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 100 persons: 1.5 million New Taiwan Dollars.
(2) 100 and above and under 400 persons: 2.5 million New Taiwan Dollars.
(3) 400 and above and under 700 persons: 3.5 million New Taiwan Dollars.
(4) 700 persons and above: 5 million New Taiwan Dollars.
Article 9
Any applicant intending to become the agent shall apply to the competent authority with the enclosure of following documents:
(1) Copies of both sides of the national identity card of the person in responsible or legal representative.
(2) A copy of the document proving the registration of the legal person.
(3) Minutes of the representatives meeting or members meeting which approves to conduct the employment of foreign crew members as the agent. Companies of the Republic of China that are founded and registered pursuant to the Company Act shall be exempted.
(4) The operation plan or business execution plan, including the number of persons planned to employ and documentation proving 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 limited to two years.
Any company of the Republic of China founded and registered in accordance with the Company Act 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 business of the agent. 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, and 5 shall apply mutatis mutandis.
For any agent that has completed the business transfer and four months have passed since the date of authorization expiry of such agent, Article 19, paragraph 6 may apply mutatis mutandis for the application of interest-free refund of the gurantee bond.
The designated documents as referred to in paragraph 1, subparagraph (5) shall be promulgated by the competent authority.
Article 10
Where there is any change to the matter as referred to in subparagraphs (1), (2), (4) or (5) of 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 number of people planned to employ 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 number of people planned to employ in its operation plan or business execution plan as referred to in subparagraph (4) of Article 9, paragraph 1, and the actual number of employed persons is below the planned revision number, such agent may apply, in accordance with Article 8, paragraph 2, for a downward adjustment of the guarantee bond and for interest-free refund on the overpaid portion of the guarantee bond.
Article 11
In case of any of the following circumstances, the competent authority shall deny the authorization to the application to be the agent:
(1) One year has not passed since the authorization is revoked pursuant to Article 19, paragraph 4.
(2) Two years have not passed since the authorization is revoked pursuant to Article 20, paragraph 1.
(3) For he who does 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.
Article 12
The commission contract between the distant water fisheries operator and the agent as referred to in Article 5, paragraph 2 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 by the foreign crew member(s) failing to report 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, continued employment, and management of the foreign crew member(s).
(6) Means to address the breach of contract.
(7) Other rights and obligations.
Article 13
The service contract signed between the agent and the foreign crew member as referred to in Article 5, paragraph 2 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 4.
(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 pretences.
(5) Making advance deduction of wages as penalty for breaching the contract or as indemnity.
(6) Forcing the foreign crew member to transfer to other fishing vessel(s) to work.
(7) Violating other matter(s) as stipulated by the competent authority.
Article 14
The cooperation contract signed between the agent and the foreign agent as referred to in Article 5, paragraph 4 shall specify the following:
(1) Names of the distant water fisheries operator(s) and vessel(s) to work on board, fishing area(s), post(s) to employ foreign crew member(s), and period of validity of the contract. In case that the relevant information is to be confirmed, such information may not be specified.
(2) Qualifications and matters to be complied with for 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.
Within 15 days after the contract as referred in the preceding paragraph is signed, the agent shall submit the copy and the Chinese translation of the contract to the competent authority for perusal.
Article 15
The agents shall conduct the following matters:
(1) The agents shall fulfill 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), and (9) to (12); or is injured or sick and requires long period of medical treatment; or is dead, the agents shall repatriate or send such foreign crew member or the corpse and personal belongings to the home country.
(3) The agents shall handle disputes and emergencies between distant water fisheries operators and foreign crew members.
(4) The agents shall negotiate the compensation in the event that any foreign crew member results in a loss to the distant water fisheries operator.
(5) The agents shall cooperate with the competent authority in holding workshop(s) to educate distant water fisheries operators and foreign crew members.
(6) The agents shall assist in searches for and reaching runaway foreign crew member(s) whose whereabouts is unknown.
(7) The agents shall be supervise and manage foreign crew member(s) who enters into the Republic of China via aircraft until foreign crew member(s) is handed over to the distant water fisheries operator(s).
(8) Other matters that shall be addressed as designated by the competent authority.
The matters that shall be addressed as referred to in subparagraph (8) of the preceding paragraph shall be promulgated by the competent authority.
Article 16
Unless otherwise provided in these Regulations, any foreign crew member employed by one agent shall not be transferred to other agent.
Article 17
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 agent fails to discharge the debt or pay within the deadline 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 the required timeframe.
Article 18
The competent authority may conduct annual review of the agents, and the grades on the review are categorized into A, B, C, and D which are to be announced by the competent authority.
Article 19
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 business to other agent(s) (hereinafter the assuming agent) within the required timeframe.
The inoperative agent as referred to in the preceding paragraph shall not conduct any employment activities, except for transferring operations 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) 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 the competent authority approves such application, 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 employment of any foreign crew member may apply for revocation of authorization and interest-free refund of the guarantee bond.
Article 20
In case of any of the following circumstances, the competent authority may prohibit the
agent from employing any foreign crew member for the period of one year, and the competent authority may revoke the authorization of such agent in light of the situations:
(1) 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.
(2) The agent has not made up the shortfall of the guarantee bond within the required timeframe pursuant to Article 17, paragraph 2.
(3) The agent whose grade on the review is D.
(4) The agent whose grade on the review is C for two consecutive years.
For any agent whose authorization is revoked, the competent authority shall order such agent to transfer its business to other agent(s) within the required timeframe, or to repatriate the employed 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, matters to be conducted by the assuming agents and the interest-free refund of the guarantee bond, Article 19, paragraphs 4 to 6 shall apply, mutatis mutandis.
Article 21
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 6 and 7.
(2) Review of the agents.
(3) Mediation in complaint cases pursuant to Article 34, paragraph 3.