| Chapter I General Principles
Article 1
These Regulations are established pursuant to Article 26,
paragraph 3 of the Act for Distant Water Fisheries.
Article 2
For any fishing vessel permitted by the competent authority to
conduct distant water fisheries that meets any of the following
conditions, its distant water fisheries operator may employ
overseas foreign crew members:
(1) The fishing vessel has operated on the high seas or in
waters under the jurisdictions of other countries for
cumulative 30 days and above in the current or preceding year.
(2) The newly-built fishing vessel obtains the replacement
tonnage from the fishing vessel which was authorized to employ
overseas foreign crew members within two years before the
loss of such vessel.
(3) The fishing vessel which resumes its operation after the
completion of the operation suspension has been authorized to
employ overseas foreign crew members within two years before
the operation suspension.
Article 3
Any foreign crew member employed by distant water fisheries
operators shall meet the following requirements:
(1) He/she shall have reached the age of 18.
(2) His/her home country shall not be on the list of countries
that foreign crew members are prohibited from being employed.
(3) During the period of employment by distant water fisheries
operators of the Republic of China, he/she did not have any
illicit records such as illegal activities, fighting,
negligence of work, or leaving the fishing vessel without
reasonable justification.
(4) He/She shall have no criminal record in his or her home
country.
The list of countries that foreign crew members are prohibited
from being employed as referred to in subparagraph (2) of the
preceding paragraph shall be promulgated by the competent
authority.
Article 4
Distant water fisheries operators may commission the agents
authorized by the competent authority to conduct the overseas
employment, change of employer, continued employment,
employment termination, transportation, or disembarkation of
foreign crew members.
Article 5
Any distant water fisheries operator that employs overseas any
foreign crew member shall sign an employment contract with
such crew member.
For any distant water fisheries operator that commissions any
agent to employ overseas foreign crew member(s), a commission
contract shall be signed between such operator and agent, and
the agent shall sign a service contract with the employed
foreign crew member(s).
For any agent that employs foreign crew member(s) through any
foreign agent, a cooperation contract shall be signed between
such agent and foreign agent, and such agent shall still sign a
service contract with the employed foreign crew member(s).
Article 6
The employment contract signed between the distant water
fisheries operator and the foreign crew member in accordance
with Article 5, paragraph 1 shall include the following:
(1) The period of validity of the contract.
(2) Items, amount and means of payment of the cost or expenses
to the foreign crew member. The monthly wage of the foreign crew
member shall not be less than 450 US Dollars.
(3) The distant water fisheries operator shall insure for the
foreign crew member the accident, medical and life insurance,
and the insured amount of the life insurance shall not be less
than one million New Taiwan Dollars.
(4) In case that any foreign crew member is injured or sick for
carrying out the duties, the distant water fisheries operator
shall arrange for immediate medical treatment and shall pay the
medical fees and other related expenses.
(5) In case that any foreign crew member is injured or sick not
for carrying out the duties, the distant water fisheries
operator shall arrange for immediate medical treatment and shall
make advance payment of the medical fees and other related
expenses.
(6) The transportation arrangement and related transportation
expenses of the foreign crew member.
(7) The foreign crew member shall not have less than ten hours
of rest per day and less than four days off per month. In
consideration of fishing operation, compensatory leave(s) may be
arranged in accordance with the agreement between the employer
and the employee.
(8) The distant water fisheries operator shall respect the need
of the foreign crew member for religious holidays.
(9) The compensation and arrangement provisions in case of
breaching the contract.
(10) The distant water fisheries operator shall provide
convenient condition for foreign crew members to petition to the
concerned authorities.
(11) Other rights and obligations.
The template of the employment contract as referred to in the
preceding paragraph shall be in accordance with the template
drawn up and promulgated by the competent authority.
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.
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 2.
(2) Forcing the foreign crew member to work under coercion, duress
or other illegal means.
(3) Charging fees under false pretences.
(4) Making advance deduction of wages as penalty for breaching the
contract or as indemnity.
(5) Forcing the foreign crew member to transfer to other fishing
vessel(s) to work.
(6) 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 3 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.
(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.
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 15 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 document proving no criminal record issued by the country
of the foreign crew member.
(7) The foreign crew member’s onboard care service plan.
The issuing date of the document as referred to in subparagraph (6)
of the preceding paragraph shall be within one year of the date of
applying for the registration to the fishery association(s) or
fishermen’s association(s) as referred to in paragraph 1. A copy
of Chinese or English translation shall also be enclosed with any
of the following procedures being conducted:
(1) The document has been certified or attested by a relevant
embassy, consulate, or representative office of the Republic of
China.
(2) The document has been notarized by a local court in the home
country of the foreign crew member.
(3) The document has been endorsed jointly by the distant water
fisheries operator and either the fishery association or
fishermen’s association to which such operator belongs. Where
the distant water fisheries operator employs the foreign crew
member through commissioning an agent, such agent shall also
endorse the document.
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
six months and 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.
Chapter IV Supplementary Provisions
Article 35
The competent authority may commission the municipal and county
(city) governments to conduct the following matters:
(1) The perusal of the cooperation contract stipulated in Article
14.
(2) The receipt, permission and perusal of the employment, change
of employer, or continued employment of foreign crew members
stipulated in Article 23, paragraph 1; Article 24; and Article
25, paragraph 1.
(3) The stamping of the guarantee letter of the distant water
fisheries operator stipulated in Article 26, paragraph 1.
(4) The perusal of the employment termination of foreign crew
members stipulated in Article 29, paragraph 1.
(5) The denial of applications from distant water fisheries
operators to employ foreign crew members stipulated in Article
32, paragraph 1.
Article 36
These Regulations shall enter in force on January 20, 2017. |