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Chapter II Applications for Employment Permits for Type A Foreign Workers
Article 9
Employers who apply to hire type A foreign workers are required to provide the following documentation:
1. Application form.
2. Photocopy of the certified identity documents of the applicant or person in charge of the company; company registration documentation, limited partnership certified documentation, business registration certificate, factory registration certificate or franchise license. However, in accordance with related legal provisions those exempted from applying for a factory registration certificate or franchise license do not have to submit them.
3. Photocopy of the employment contract.
4. A list of employed foreigner workers, including photocopies of their passports or ARCs and graduation certificates. However, foreign workers who enter Taiwan to engage in work detailed in Subparagraph 2, 5 and 6, Paragraph 1, Article 46 of the Act are not required to provide a photocopy of their graduation certificate.
5. Original copy of review fee receipt.
6. Other documents required by the Central Competent Authority.
Applications for foreigners to enter Taiwan to engage in work listed in Paragraph 3, Article 51 of the Act requires the submission of documentation detailed in Subparagraphs 1, 5 and 6 in the aforementioned paragraph in addition to the following:
1. Photocopy of the hiring contract, sale and purchase contract or technical cooperation contract.
2. Certified registration documents for contracted local or overseas legal instruments.
3. Certified documents detailing issuance of assigned work to overseas legal instruments.
4. Certified documents showing the registration or accreditation of the applicant. Franchise businesses are required to submit photocopies of their license certificate and the company responsible person’s certified identity documents.
5. List of contracted foreigners, as well as photocopies of their passports or ARCs and graduation certificates. However, where the combined contracted work period within the year prior to the date of application and current applied for work period do not exceed 90 days a photocopy of the graduation certificate is not required.
When the documents provided pursuant to the above two paragraphs are from overseas, the Central Competent Authority will require that they are verified by a Republic of China overseas mission.
When the employer is a civic organization, other than having to provide the documents detailed in Subparagraph 1 and 3-6, Paragraph 1, organization accreditation documents and photocopies of the organization responsible person’s certified identity documents must also be provided.
Article 10
In the event a foreign worker is contracted to engage in work in the Republic of China de-tailed in Subparagraph 1 or 2, Paragraph 1, Article 46 of the Act in a business area opened up under a documented international agreement, the contracted business entity must apply for a permit in accordance with type A foreign worker provisions other than where other-wise prescribed in the Act or the Regulations.
In the event the contracted business entity in the preceding paragraph is located in a Free Economic Pilot Zone (FEPZ) and engaged in a business listed in Subparagraph 1 or 2, Par-agraph 1, Article 46 of the Act, it is not restricted to areas of business allowed under the international agreement.
The management of foreign workers after they arrive in the Republic of China specified in the two preceding paragraphs is conducted in accordance with type A foreign worker regu-lations.
The following documents shall be provided when applying for a permit under Paragraph 1 or 2 in addition to those specified in Subparagraphs 1, 5, 6, Paragraph 1 and Subparagraph 4, Paragraph 2 in the preceding Article:
I. Photocopy of the contract.
II. Photocopies of the list of foreign workers, passports, graduation certificates (diplomas) and related certified documents. However, when a foreign worker is engaged in a job listed in Subparagraph 2, Paragraph 1, Article 46 of the Act, he/she is exempted from providing a graduation certificate or related certified documents.
In the event foreign workers engaged in work listed in Paragraph 1 or 2 are required to ob-tain certain qualifications, or conform to certain methods and conditions of professional practice, they must also satisfy laws and regulations promulgated by the Central Compe-tent Authority in charge of the Target Business.
Article 11
If an employer finds it necessary to continue the employment of a type A foreign worker, he/she is required to apply for an extension of the employment permit within four months of its expiration date by submitting the documents detailed in Subparagraph 1, Subpara-graphs 3 to 6, Paragraph 1, Article 9 to the Central Competent Authority. However, when the duration of the employment permit is less than six months, an extension can only be applied for after two-thirds of permit duration is completed.
Article 12
When the period of stay of foreign workers referred to in Article 5 is 31 days or more but 90 days or less, the employer is required, in accordance with Article 9, to apply for a per-mit within 30 days of the worker arriving in the Republic of China.
Article 13
Whenever the Central Competent Authority issues an employment permit or extension thereof to a type A foreign worker, it is also required to notify the Ministry of Foreign Af-fairs.
Article 14
When an employer applies to employ a type A foreign worker if any of the following situa-tions are determined to exist the Central Competent Authority will not grant all or part of an employment permit, nor the extension thereof:
1. Provision of false or invalid information.
2. The foreign worker fails the health examination conducted in accordance with the Regu-lations Governing Management of the Health Examination of Employed Aliens stipulated by the Central Competent Health and Welfare Authority.
3. The application does not conform to relevant requirements and the employer fails to provide necessary supplements or to do so within the fixed time period given.
4. Does not meet the standards detailed in Paragraph 2, Article 46 of the Act.
Article 15
If a type A foreign worker takes a leave of absence the employer is required to notify the Central Competent Authority in writing within three days.
Article 16
After a foreign worker arrives in the Republic of China to work in accordance with Para-graph 3, Article 51 of the Act, other than where other regulations pertain, his/her applica-tions and management will be conducted in accordance with the type A foreign worker provisions detailed in Subparagraph 1, Article 2.