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Chapter III Employment and Management of Foreign Crew Members.
Article 22
Any foreign crew member employed overseas shall embark or disembark in foreign port(s). Where the fishing vessel has returned to the Republic of China due to changing fishing grounds or annual maintenance, the foreign crew member(s) employed 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.
Article 23
Within 30 days after a foreign crew member is employed and embarks in 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 the Appendix 1 for overseas employment; fill in the Appendix 2 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) Copies of passports of the foreign crew members. For any foreign crew member employed under fisheries cooperation and works onboard the fishing vessel operating within the exclusive economic zone of other country, the copy of crew member’s identification may suffice.
(2) For any foreign crew member embarking in a foreign port, a copy of the crew list validated and stamped by the port State or relevant documentation proof shall be enclosed.
(3) 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.
(4) Copies of documents proving the foreign crew member is insured.
(5) A color photograph of the foreign crew member or the electronic file.
(6) The foreign crew member’s onboard care service plan.
Article 24
In the event that any foreign crew member is transferred to be employed on other fishing vessel, or the ownership of the fishing vessel is changed, the new distant water fisheries operator who continues to employ the foreign crew member(s) shall fill in and submit the list of changed employment, together with the electronic file, within 15 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 (3), (4), and (7) of Article 23 shall be submitted as well to relevant fishery association or fishermen’s association for verification and subsequent delivery to the competent authority for approval.
Article 25
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 statistical form on employment or change of foreign crew members (format as shown in Appendix 3) and the statistical form on runaway foreign crew members (format as shown in Appendix 4) to the municipal and county (city) governments for delivery to the competent authority.
Article 26
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 Article 22 for entering the Republic of China via aircraft, the following procedures shall be conducted:
(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 5) along with the proving documentation (format as shown in Appendix 6) 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 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.
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 title and name of the officer in charge of validating the guarantee letter of the distant water fisheries operator for the entry visa of foreign crew members as well as the sample of the official seal of the authority (format as shown in Appendix 7) to the Ministry of Foreign Affairs for delivery to the relevant embassy, consulate, or representative office of the Republic of China. In case of any change to the officer in charge, the same procedures shall also apply.
Article 27
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 or when 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 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 a runaway foreign crew member.
(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.
Article 28
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 protection equivalent to those of the same post.
(3) To be responsible for the life care of the foreign crew member prior to his/her repatriation and paying related expenses.
(4) The wage shall be paid fully and directly by the distant water fisheries operator to the foreign crew member, unless the law or regulations provided otherwise or other agreement being reached between the employer and employee.
(5) 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.
(6) To ensure any employed foreign crew member not to work on other fishing vessel(s) or premises, or engage in other labor unrelated to fisheries.
(7) 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, runs away, gets in a fight or commits a serious infringement.
(8) To assist in searches for any runaway foreign crew member whose whereabouts is unknown.
(9) To inform, within 24 hours, the local sanitary control agency pursuant to the 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. (10) To cooperate with the Border Affairs Corps of the National Immigration Agency, 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). (11) To repatriate the employed foreign crew member in the event that the fishing operations cannot be continued for fishing vessel being detained, sunk, or struck by a fire or for any other causes.
(12) In case of injury, casualty or other serious emergency 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 relevant fishery association or fishermen’s association for delivery to the municipal and county (city) governments and the competent authority.
(13) To be responsible for supervising and managing the foreign crew member during his/her stay in the Republic of China.
Article 29
Within 15 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 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 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.
Article 30
For any foreign crew member that needs to enter 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 duration of stay of any foreign crew member that enters the Republic of China with the temporary entry permit as referred to in the preceding paragraph exceeds the validity of such permit, 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.
Article 31
The entry into the Republic of China of any foreign crew member via aircraft or with 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 fishing vessel expires, or once the reason for approving his/her stay is no longer valid, the distant water fisheries operator shall arrange for repatriation of the foreign crew member on the most available aircraft or the same fishing vessel.
Article 32
In cases that any foreign crew member runs away within the Republic of China, the competent authority may, for a period of three months or above to less than five years starting from the date of running away, deny applications, in accordance with the number of runaway foreign crew member(s), from such distant water fisheries operator for employing foreign crew members, and enter such information into 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 fishing vessel owner.
Where a cross-border human trafficking is caused by any employed foreign crew member that runs away and any foreign crew member gets tortured or beaten, the municipal and county (city) governments shall provide assistance within its 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.
Article 33
Any fishing vessel with any employed foreign crew member shall accept the inspection(s) on matters as referred to in Article 32, paragraph 3 conducted by personnel designated or commissioned by 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 personnel designated or commissioned by the competent authority, and shall not evade, refuse or deny.
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.
Article 34
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.