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Chapter 2 Special Professions or Technical Assignments
Article 4
“Specialized or technical work” mentioned in Article 46.1.1 of this Act refers to the following work that requires specialized knowledge, expertise, or techniques for which a foreigner is hired to perform:
1. Civil engineering or practice of architecture;
2. Communications and transportation;
3. Tax and financial services;
4. Practice of real estate agency;
5. Immigration services;
6. Practice of attorneys, or of patent attorneys;
7. Practice of technicians;
8. Health care;
9. Environmental protection;
10. Culture, sports, and recreation services;
11. Academic research;
12. Practice of veterinarians;
13. Manufacturing;
14. Wholesales; or
15. Other work designated as per the joint consultation of the central governing authority and the central competent authorities.
Article 5
Other than meeting with other criteria specified in the Standards, foreign employees have to acquire one of the following qualifications before undertaking the jobs/assignments specified here above:
1. Acquire certificates or operation qualifications through the procedures specified in the Examinations of Specific Profession and Technician Guidelines.
2. Acquire credentials of Master degree or above from universities in the ROC or in foreign countries or acquire Bachelor degree and with more than two years working experiences in the specific field.
3. Expatriates to the ROC that have been employed in multi-national companies for more than one year.
4. Specialists who have been trained professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.
Article 5-1
Other than meeting with other criteria specified in the Standards, foreign students, overseas Chinese students and ethnic Chinese students who have graduated from university with bachelor’s degrees or higher level degrees in the Republic of China and have accumulated a minimum of 70 points derived from the criteria in the attached table, may be employed to undertake the jobs with exemption from the limitations in the preceding Article.
The Central Competent Authorities shall announce the quota, application period, documents for approval and the procedure for issuing the employment permit.
Article 6
In order to assist companies in retaining professional and technical employees in response to the changes in the industry environment, foreigners employed in accordance with Article 5.2 may be exempted from the limitation of two-year work experience by the agreement with the central competent authorities in consultation with the central industry competent authorities.
The startup businesses recognized as capable of innovation by the agreement with the central competent authorities in consultation with the central industry competent authorities are not subject to the limitation of five-year related experience as stated under Article 5.4.
Article 7
Whereas the execution of contract(s) of construction, sale, technical cooperation, or so requires a foreign legal entity to designate its employee of a foreign nationality to engage in work specified in Article 4 in the Republic of China, the employment eligibility of the foreign employee will not be bound to Article 5, provided that the period for the employee to engage in such work does not exceed ninety (90) days. However, if the number of days when the foreign employee has worked to perform the said contract(s) within one (1) year prior to the application date, and the number of days that the employer applies currently such work, total more than ninety (90) days, the foreign employee shall still be bound to Subparagraphs 1, 2, and 4 of Article 5.
Article 8
The wages or remuneration for foreign employees who, or foreigners who, according to the contract for the business lines allowed under international treaties, undertake the jobs specified in Article 4 should not be lower than the amount published by the central competent authority.
Article 8-1
If foreigners are employed to engage in architecture or civil engineering, the content of their work shall be the construction technical guidance and/or quality control in architecture; or planning, design, supervision, and/or technical consultations in civil engineering.
Article 9
Employers who hire the foreigners mentioned in the preceding Article shall be qualified for one of the following:
1. Construction enterprises that have obtained permits and have registered with the competent governing authorities.
2. Architects who have obtained operation certificates and have more than 2 (two) years' experiences in the construction field.
Article 10
Job descriptions for foreigners to be employed in the transportation industry should be within the following categories:
1. Land Transportation:
(1) Planning, designing, implementation & supervision, consulting & operation and maintenance work for railways, highways and mass rapid transit systems (MRT).
(2) Installations, maintenance, technical supervision, testing and operations of the facilities for passenger and cargo carriages for railways, highways and MRT that are either imported from foreign countries or manufactured domestically by foreign companies.
(3) Examination and testing of instruments purchased overseas and R&D work that can help upgrade land transportation techniques.
2. Sea Transportation:
(1) Planning, designing, implementation & supervision and evaluations of harbors and piers.
(2) Management of commercial harbor facilities and salvage work, the construction, maintenance, installations, technical supervision, testing and operations of the facilities, and R&D work that can help upgrade harbor operation techniques.
(3) Constructing and maintenance of ships and containers and the R&D work that can help upgrade related techniques.
(4) Training and management of personnel in the sea-transportation industry and other work that can help upgrade the development of sea-transportation businesses.
(5) Planning and construction of civil aviation terminals and supporting facilities.
(6) Maintenance, purchasing of aircraft that can help upgrade air transportation techniques, civil aviation facility check and technical supervision.
(7) Personnel training, operational management, transportation of aircrafts, test flies, training of pilots and co-pilots, commercial aviation and other R&D work that helps to upgrade air transportation development.
3. Postal Industry:
(1) Planning, designing, examination, implementation & supervision of postal machinery and facility systems.
(2) Verification and production supervision of instruments purchased overseas and R&D work that can help upgrade postal techniques.
(3) Research, designing, technical supporting, maintenance of postal machinery and facilities and personnel training.
4. Telecommunications:
(1) Planning, designing, implementation & supervision of telecommunication engineering and techniques.
(2) Examination, manufacturing, technical supervision of instruments purchased overseas and R&D work that can help upgrade telecommunication techniques.
(3) Research, designing, technical supporting, technical supervision and maintenance of telecommunication facilities.
(4) Telecommunication personnel training.
(5) Designing and technical supports for telecommunication value-added network.
(6) Planning, designing, implementation & supervision of radio wave techniques used in radio and television broadcasting.
5. Tourism Industry:
(1) Operational management of tourist hotels and travel industries, tour guides, tour leaders and other R&D work that helps upgrade the tourism industry.
(2) Tourist hotel, hotel operation and food & beverage techniques that are lacking in this country.
(3) Planning, developing and operational management of tourist attractions or recreation areas.
6. Meteorology industry:
(1) Collection, evaluation, management, supplying and information exchange of the international meteorology, earthquakes, and marine meteorology.
(2) Technical research and supervision of meteorology, earthquakes, and marine meteorology.
(3) Testing and maintenance supervision of instruments purchased overseas and R&D work that can help upgrade meteorology, earthquakes, and marine meteorology techniques.
(4) Incubation and training of personnel related to meteorology, earthquakes, and marine meteorology and the recognition and verification of meteorology, earthquakes, marine meteorology, volcano and seismic sea wave.
7. Planning and management jobs related to 10.1 to 10.6.
Article 11
The employers of the foreigners referred to in the preceding Article shall acquire the business license issued by the authority concerned.
Foreigners to be employed as tour guides, tour leaders, or travel agency managers in the tourism industry, as specified in Article 10.5, should respectively obtain a tour guide license, tour leader license, or travel agency management certificate issued by the authority concerned at the central government level.
Article 12
Qualifications for foreigners to be employed for air-transportation or test-fly include the following:
1. Pilots have the qualification for transporting or test-flying the aircraft model(s) that required by the employer(s).
2. Pilots have the valid certificate of the aircraft model(s) required by the employer(s).
3. Pilots have passed the physical examination and obtain the valid documents.
Article 13
Qualifications for foreigners to be employed for pilot training include the following:
1. Pilots are qualified for aircraft training.
2. Pilots have the valid certificate of the aircraft model(s) required by the employer(s).
3. Pilots have passed the physical examination and obtain the necessary documents to prove it.
Article 14
Qualifications for foreigners workers who are employed for commercial aircraft flying include the following:
1. Pilots have the qualification for civil aircraft flying and transportation.
2. Pilots have the valid certificate of the aircraft model(s) required by the employer(s).
3. Pilots have passed the physical examination from the civil aviation medical center and obtain the necessary documents to prove it.
In the case that, for some aircraft models, if there are no qualified pilots for those models domestically or internationally, employers may hire foreign pilots who have not acquired the valid certificates of the aircraft models to give them due trainings. Only when they have acquired the valid certificates of the aircraft models are they allowed to be employed the work prescribed in this Article. However, our national qualified aircraft pilots shall be trained in the first priority.
Article 15
An employer who hires foreign pilots, as specified in the preceding Article, shall also train domestic pilots. The total number of foreign pilots hired by the employer may not exceed two point five (2.5) times of the sum of the total number of domestic pilots trained by the employer within seven (7) years prior to the application date, and the planned number of domestic pilots who are being or to be trained by the employer in the year of the application.
Article 16
Employers who employ foreign workers specified in Article 12 to Article 14 should obtain civil aviation transportation permit issued by the industry authority at the central government level.
Article 17
Qualifications for foreigners to be employed for domestic commercial (aircraft) flying include the following:
1. Pilots have to be qualified for captains* in aviation system.
2. Pilots have the valid certificate of the aircraft model(s) required by the employer(s).
3. Pilots have passed the physical examination and obtain the necessary documents to prove it.
Article 18
Employers have to be qualified for one the following when hiring foreigners for the work stipulated in the previous Article:
1. Obtain the permit from the ROC general aviation issued by the authority concerned at the central government level.
2. Foreign pilot employed for aircraft operation and training can only be assigned for aircraft models that have yet been initiated in this country.
However, for those existing aircraft models which have yet to be operated by local pilot trainers are exempted from abovementioned restriction.
On-job training (re-training) for international pilots who have already operated the said aircraft model(s) should also be exempted from the abovementioned restriction.
Article 19
Employers' application plans have to be qualified for one the following when hiring foreigners for the work stipulated in the previous Article:
1. Employers can assign pilots to operate either single-seat or double-seat aircraft model.In the first year of operating ( an aircraft ), either model can be operated fully by foreign pilots; from the second year onward, double-seated aircraft model must have at least one pilot with the ROC nationality.
2. At least half of the total flying hours of single-seat aircraft models need to be assigned to the ROC pilot from the second year of operation, with the exception of cases where special nature or techniques are required for the job and are approved by the central competent authorities along with authority concerned at the central government level.
Article 20
Foreigners to be employed in the aircraft engine, fuselage or electronic communication visa related field shall acquire the valid certificates and 5 years aircraft maintenance or related technical field working experience.
Article 21
Job descriptions for foreigners to be employed in the tax & financial service field should be within the following categories:
1. Securities & Future Trading
(1) Planning, research, analysis, management, and new technique initiation work on securities and marketable securities.
(2) Future trading, investment, analysis, auditing in the financial and business sectors, or new techniques initiation.
2. Financial industry: depositing, crediting, investing, trusting, foreign exchange, other financial businesses recognized by the central competent authorities, along with authority concerned at the central government level and the planning, research & analysis, management & consulting work of these business sectors.
3. Insurance industry: Claims for life or property insurance, approval of insurance policy, actuary, investment, information, re-insurance, insurance brokerage, insurance agent, training, notarization, engineering, risk management or new techniques initiation.
4. Assisting business accounting affairs.
5. Assisting businesses or services specified by the CPA Guidelines.
The employers of the foreigners referred to in the subparagraphs 1to4 of the preceding paragraph shall acquire the business license about securities, futures trading, financial industry, or insurance industry issued by the authority concerned at the central government level.
The employers of the foreigners referred to in the subparagraph 5 of the paragraph 1 shall acquire the CPA's practice registration.
Article 22
Job descriptions for foreigners to be employed in the real estate agencies should be brokerage or selling of real estates.
Foreign workers in this category should obtain a real estate broker certificate issued by the municipality or county (city) competent authority, or a real estate broker certificate issued by the organization or association designated by the authority concerned at the central government level.
Article 23
Job descriptions for foreigners to be employed in the immigration service organizations should be within the following categories:
1. Consultation of immigration fund and brokerage services related to investment immigrating.The idea is to protect the rights of the immigrants.
2. Other consultation services related to immigration.
Foreigners workers specified in the previous Article should be qualified for one of the following:
1. Have more than two-year experience in the immigration business specified in Article 22.
2. Worked as immigration officer and has been responsible for immigration visa issuance for more than one year.
3. Qualified as attorney and has been working on immigration-related business for more than one year.
Article 24
Foreigners to be employed for attorney's assignments should be qualified with one of the following:
1. Lawyers/ attorneys recognized in the Republic of China.
2. Lawyers/attorneys specialize in foreign laws.
Article 25
Employers have to be qualified for one the following when hiring foreigners for the work stipulated in the previous Article:
1. Lawyers/ attorneys recognized in the Republic of China.
2. Lawyers/attorneys specialize in foreign laws.
Article 25-1
Foreigners to be employed to engage in the practice of patent attorneys shall qualify as patent attorneys of the Republic of China.
The employer which is to hire foreign patent attorneys as set forth in the preceding Paragraph shall be a firm that operates and handles patent business, and satisfies one of the following conditions:
1. Patent attorneys of the Republic of China;
2. Attorneys of the Republic of China;
3. Patent agents of the Republic of China.
Article 26
Foreigners to be employed to practice business as professional engineers should obtain the license issued by the central competent authority as defined in the Professional Engineers Act.
The employers of the foreigners referred to in the preceding paragraph shall acquire one of the following documents:
1. Professional engineering consulting firm registration certificate;
2. Business license issued by the authority concerned.
Article 27
A foreigner to be employed to engage in healthcare in a medical institution to shall qualify for one of the following:
1. A physician who has obtained a medical professional certificate issued by any of the concerned central governing authorities, traditional Chinese medical practitioner, dentist, pharmacist, medical technologist, medical radiation technologist, physical therapist, licensed nurse, nutrition specialist, clinical psychologist, counseling psychologist, respiratory therapist, speech pathologist, dental technician, licensed midwife, an occupational therapist, audiologist, or optician.
2. Other than the professionals as set forth in the preceding Paragraph, any other medical specialist or technician whom is recognized as necessary in healthcare business by the joint consultation of the central governing authority and central competent authorities.
Article 28
Medical organizations specified in the previous Article shall fall within the following categories:
1. Legally registered institutions where the personnel prescribed in Subparagraph 1 of the preceding Article practice.
2. Pharmacists.
3. Non-profit healthcare organizations.
4. Other organizations allowed to recruit foreigners and that are recognized by the central competent authorities along with the specific authorities concerned at the central government level.
Article 29
The job descriptions for foreigners to be employed in the environmental protection work should be within the following:
1. personnel training.
2. research and development of techniques.
3. installations, operations and maintenances of pollution-prevention instruments.
Article 30
When hiring foreigners for the work stipulated in the previous Article, employers have to be within the following categories :
1. Environment examination and examination organizations.
2. Waste ( sewage) water disposal operators.
3. Cleaning agencies that handle the sewage-water disposal facilities for (office and apartment) buildings.
4. Garbage disposal agencies.
5. Other work / industries allowed for foreigner-recruitment recognized by the central competent authorities along with the specific industry authorities at the central government level.
Article 31
The job descriptions for foreigners to be employed in the cultural, sports, and recreation service industries should be within the following categories:
1. Publication Industry: management, foreign-language scriptwriting, editing, translation or compilation for newspapers, magazines or books; management, production or music composing, new facilities & techniques initiation for audio publication.
2. Motion picture industry: motion picture production, screenplay writing, art designing, promotion, direction, or new techniques initiation.
3. Wireless, cable, and satellite broadcasting (radio and television) industries: program designing and production, foreign-language scriptwriting, translation & editing, announcing & dubbing, directing & program hosting, management or new techniques initiation.
4. Service industry related to arts, culture and sports: literary work, commentary, operation and management of arts & culture activities, agents for art talents and models, operation & management of sports venues, judges (referees) for sports competition, sports (training) instructor, or organizer for sports events.
5. Library and archive preserving industries: data collecting and maintaining, transformation of data into photographs, maps, audio tapes, video tapes and other preservation or management format.
6. Museums, historical heritages and other organizations dedicated to preserving cultural assets: preservation, maintenance, display and demonstration, education or management of various cultural assets or other cultural assets worthy of preservation.
7. Recreation & service industries: operation and management of theme parks or playgrounds.
The employers of the foreigners referred to in the subparagraphs 5 and 6 of the preceding paragraph shall acquire the publication industry license, archive preservation industry license, museum license or historical heritages license issued by the authority concerned.
Article 32
Where a foreigner is to be hired to perform research work, his or her employer shall be a college or above, or an academic research institution or teaching hospital whose registration is approved by the central governing authorities pursuant to laws.
Article 33
Foreign employees who are hired by veterinarian clinic or other organizations recognized by the central competent authorities along with authority concerned at the central government level should obtain the veterinarian certificate issued by the latter.
Article 34
The job descriptions for foreigners to be employed in the manufacturing industry should include: operational management, research, analysis, design, planning, maintenance, consultation, instrument installation and technical supervision.
Article 35
The job descriptions for foreigners to be employed in the wholesale business should include: operational management, design, planning and technical supervision.
Article 36
An employer who is to hire a foreigner as set forth in Subparagraph 15 of Article 4, Paragraph 1 of Articles 22, Paragraph 1 of Articles 23, Articles 29, Subparagraphs 1 to 4 and 7 of Paragraph 1 of Article 31, Articles 34 or 35 shall meet one of the following requirements:
1. Domestic company:
(1) Established for less than one (1) year, and its paid-up capital has reached five million (5,000,000) New Taiwan Dollars and above, or average turnover, actual import and export revenue, or commission has reached ten million (10,000,000) New Taiwan Dollars and above, one million (1,000,000) United States dollars and above, or four hundred thousand (400,000) United States dollars and above, respectively.
(2) Established for more than one (1) year, and its average turnover, actual import and export revenue, or commission in the most recent year or for the past three (3) years has reached no less than ten million (10,000,000) New Taiwan Dollars, one million (1,000,000) United States dollars, or four hundred thousand (400,000) United States dollars, respectively.
2. Foreign branch company established in the Republic of China or Mainland China branch company established in the Republic of China:
(1) Established for less than one (1) year, and its working capital, turnover, actual import and export revenue, or commission has reached five million (5,000,000) New Taiwan Dollars and above, ten million (10,000,000) New Taiwan Dollars and above, one million (1,000,000) United States dollars and above, or four hundred thousand (400,000) United States dollars and above, respectively.
(2) Established for more than one (1) year, and its average turnover, actual import and export revenue, or commission in the most recent year or for the past three (3) years has reached no less than ten million (10,000,000) New Taiwan Dollars, one million (1,000,000) United States dollars, or four hundred thousand (400,000) United States dollars, respectively.
3. The employer is a representative office of a foreign company or a Mainland China company approved by the authority concerned at the central government level, and has actual performance records in Taiwan.
4. The employer is a research and development center, or a corporate operation headquarter, and its establishment has been approved by the authority concerned at the central government level.
5. The employer has made substantial contribution to the domestic economic development. Alternatively, he, she, or it has a special circumstance that is treated as a special case by the central competent authority after consultation with the authority concerned at the central government level.
Article 37
Whereas an employer which is to hire a foreigner to engage in the work as set forth in Article 4 is a juridical person, a juridical association, a government agency (institution), an administrative juridical person, or a non-government organization, it shall meet one of the following requirements:
1. Juridical person: Established for less than one (1) year, and its total funding has reached no less than ten million (10,000,000) New Taiwan Dollars; alternatively, established for more than one (1) year, and its average operating expenditure in the most recent year or for the past three (3) years has reached no less than five million (5,000,000) New Taiwan Dollars.
2. Juridical association: it has no less than fifty (50) members.
3. Government agency (institution): a government agency at any level and its affiliated agency (institution).
4. Administrative juridical person: the administrative juridical person established pursuant to laws.
5. Non-government organization: a representative office, secretariat, headquarter, or branch in Taiwan of a non-government organization, and its establishment was or is approved by the authority concerned at the central government level.
Article 37-1
Foreigners employed in the jobs specified in Items 1 to 6, Paragraph 1 of Article 46 of this Act whose foreign spouses with whom they live are employed in part-time work prescribed in Article 4, shall not receive hourly wages or remunerations lower than the amount announced by the central competent authority in accordance with Article 8.
Employer's application for employment of an aforesaid foreigner's spouse is not subject to the following restrictions:
1. The amount of paid-up capital, turnover, actual import and export revenue, agency commission and working capital in Taiwan set forth in Article 36 (1) and (2).
2. The amount of funds, the average operating expenses and the number of members set up in the first and second Paragraphs of the precedingarticle.
Foreigners’ spouses whose permitted period of work according to the application provisions specified in the first Paragraph shall not exceed the allowable period of foreigners.