| Content： |
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 by the competent
authority to conduct distant water fisheries.
(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.
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 a foreign crew
member shall inform such crew member of matters that shall be included into
the contract as stipulated in Article 6, before signing a bilingual employment
contract with such crew member. Each foreign crew member shall be provided
with one copy of the contract.
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 an employment contract on
behalf of the operator(s) with the employed foreign crew member(s).
Any agent commissioned to recruit any foreign crew member in accordance with
the preceding paragraph shall inform such crew member(s) of matters that shall
be included into the employment and service contracts as stipulated in Article
6 and 13, before signing a bilingual service contract with such crew member(s).
Each foreign crew member shall be provided with one copy of both the employment
and service contracts.
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).
When fulfilling the obligation of informing foreign crew members in accordance
with paragraph 1 and 2, the distant water fisheries operators and agents shall
make visual and audio recordings throughout the entire process and keep the
recordings for at least three years.
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. In case
of failing to insure as required, insufficient insurance coverage, or failing
to acquire a sufficient claim from an insurer, the distant water fisheries
operator shall bear the loss or indemnity.
(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)The foreign crew member may ask for early termination of the employment contract
and returning to his/her home country.
(12)Other rights and obligations.
The monthly wage as referred to in subparagraph (2) of the preceding paragraph means
the remuneration a foreign crew member receives for performing the employment contract,
including wages, salaries and any other regular payment.
The beneficiary of the insurance amount as referred to in subparagraph (3) of paragraph
1 shall be the foreign crew member. The beneficiary of the life insurance, other than
the spouse, shall be the following order:
(1)Lineal descendants by blood.
(2)Parents.
(3)Brothers and sisters.
(4)Grandparents.
The template of the employment contract as referred to in paragraph 1 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.
(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.
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.
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.
Amendments to theses Regulations shall enter into force upon promulgation, except for
Article 5, paragraph 5 which is promulgated on 20 March 2019 and shall come into force
on 1 October 2019.
|