Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act ( 2005.05.24 Amended )
Chapter 1 General Provisions
Article 1 The Standards set herewith are based on the stipulations of Article 46.2 of the Employment Service Act ( the Act herewith).
Article 2 To be employed for the jobs specified in Article 46.1.1 to 46.1.6 of the Act. Foreigners have to comply with the Standards stipulated herewith
Article 3 To protect the working rights of the citizens in this country and to provide equal opportunities to foreigners in this country in a fair and reciprocal manner, the central competent authorities will decide along with specific industry authorities the quota of foreign employees based on the evaluation of the employment market, employers' industries, scale, employment plan, operation performance and the contributions to the economic and social development of this country.
Chapter 2 Special Professions or Technical Assignments
Article 4 The special professions and technical assignments specified in Article 46.1.1 of the Act include the following job descriptions:
1. Architecture and civil engineering.
2. Transportation.
3. Tax and financial service.
4. Real estate agency.
5. Immigration service.
6. Attorney ( legal services).
7. Technicians.
8. Medical and/or Health Care.
9. Environmental protection.
10. Cultural, sports and recreation services.
11. Academic research.
12. Veterinarian.
13. Manufacturing.
14. Wholesale.
15. Other job descriptions designated by the central competent authorities along with the specific industry authorities at the central government level.
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 6 Central competent authorities along with the specific industry authorities at the central government level can have Article 5.2 exempted in coping with the need of hiring special professionals and technical personnel during the change of industry environment.
Article 7 The employed foreigners who are assigned by foreign legal entities to fulfill their contract obligations in the ROC and have to undertake the job descriptions specified in Article 4 in the ROC, will be exempted from the qualifications stipulated in Article 5 if their working duration is less than 90 days. However, if their accumulated working duration exceeds 90 days within one year before their application day, the employed foreigners still meet the qualifications stipulated in Article 5.
The accumulated working duration for fulfilling contract obligations in the preceding paragraph shall not exceed one year.
Article 8 The wages for foreign employees who undertake the job assignments specified in Article 4 should not be lower than the amount recorded in the latest survey.
Article 9 Employers have to be qualified for one the following when hiring foreigners for architecture and civil engineering assignments:
1. Construction companies that have obtained permits from and have been formally registered with the specific industry authorities.
2. Architects who have obtained operation certificates and have more than 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 Foreigners to be employed as tour guide, tour leader or travel agency manager in the tourism industry as specified in Article 10.5 should respectively obtain 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 Employers who hire foreign pilots as specified in the previous Article are required to train local pilots. The total number of foreign pilots hired should not be more than three times the combining number of locally-trained the ROC pilots with in the first seven years after submitting application plus in the annual plan of the hiring.
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 businesses or services specified by the CPA Guidelines.
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 real estate broker's certificate or real estate agents' certificate issued 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 26 Foreigners to be employed as technician in technician office or engineer consulting firms should obtain technician operation license.
Article 27 Foreigners to be employed for medical and/or healthcare assignments in medical organizations should be qualified with one of the following:
1. Physical doctors that have obtained the certificate for medical profession issued by authority concerned at the central government level, herbalist doctor, dentists, pharmacist medical examiner, medical radiation specialist, physical therapist, licensed nurses, nutrition specialist, psychiatrist and respiratory system therapist.
2. Other medical specialists or technical personnel that are recognized as necessary for medical and health related businesses by the central competent authorities along with the specific authorities concerned at the central government level.
Article 28 Medical organizations specified in the previous Article should be within the following categories:
1. medical organizations
2. health-care organizations
3. pharmacists and pharmacies.
4. non-profit healthcare organizations.
5 .Other organizations allowed for foreigner-recruitment that 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 foreign workers to be employed in the cultural, sports and recreation service industries should be within the following categories:
1. Publication Industry: newspapers, magazines, article-writings other than book publication, editing, translation, production of audio publication, music composing and new facilities and techniques initiation.
2. Motion Picture Industry: motion picture producing, screenplay writing, directing, art designing, promotion, and new techniques initiation.
3. Non-cable, Cable and Satellite broadcasting ( radio and television) Industries: program designing and production, article-writing in foreign languages, translation & editing, announcing & dubbing, directing & program hosting and 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, mountain guide, sports ( training) instructor, organizer for sports events.
5. Library operation and archive preserving industries: data collecting and maintaining, make data into photographs, maps, audio tapes, video tapes and other preservation format.
6. Museums, historical heritages and likewise organizations: preservation, maintenance, display and demonstration of ancient ruins, historical architectures, archeological sites or natural landscapes that add values to history, cultures, arts and education.
7. Recreation & Service Industries: operation and management of theme parks or playgrounds.
Article 32 Employer(s) of foreigners for research assignments should be college or universities or research organizations qualified by authority concerned at the central government level.
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 The employers have to be qualified for one the following when hiring foreigners for the work stipulated in the previous Article:
1. Local companies that have less-than-one-year operation and has a capital amount of NT$5,000,000 (five million New Taiwan Dollars) ; or companies that have been established more than one year, and the latest yearly revenue or the average revenue of the last three years amounts to NT$10,000,000 ( ten million New Taiwan Dollars), with average import/export performances reaching US$1,000,000 ( one million U.S. Dollars) or average agent commission reaching US$400,000 ( four hundred thousand U.S. Dollars.)
2. Foreign branch offices that have less-than-one-year operation history, and has more than NT$5,000,000 ( five million New Taiwan Dollars) operational capital in the ROC; or companies that have been established more than one year, and the latest yearly revenue or the average revenue of the last three years amounts to NT$10,000,000 ( ten million New Taiwan Dollars), with average import/export performances reaching US$1,000,000 ( one million U.S. Dollars) or average (agent) commission reaching US$400,000 ( four hundred thousand U.S. Dollars.)
3. Representative offices of foreign companies that have been approved by the authority concerned at the central government level and are actually operating in Taiwan.
4. Research and develop centers and business operational headquarters that have applied for establishing and been approved by the authority concerned at the central government level
Article 37 The non-profit organizations or social entities ( organizations) have to be qualified for one the following when hiring foreigners for work specified in Article 4.14:
1. Non-profit corporation that has less-than-one-year history with fund amount over NT$10,000,000 ( ten million New Taiwan Dollars) or with a history over one year and has operational expenses over NT$5,000,000 ( five million New Taiwan Dollars.)
2. The member number of a social entity ( social group) should be more than 50.
Chapter 3 Management work in a business entity invested by overseas Chinese or foreigners
Article 38 The job titles of foreigners workers to be hired for management work in a business entity invested by overseas Chinese or foreigners as specified in Article 46.1.2 should be as following:
1. Managers of a company that is invested by overseas Chinese or foreigners, which has been approved based on the investment guidelines in this country.
2. Managers of a branch office of foreign companies.
3. Representatives of the representative offices that have been approved by the authority concerned at the central government level.
Article 39 Employers have to be qualified for one the following when hiring foreigners for work specified in the Previous Article:
1. Have established for more than one year and the latest yearly revenue or the average revenue of the last three years amounts to five times to the capital amount or NT$5,000,000 ( five million New Taiwan Dollars),
2. Have established for more than one year and the average import/export performances of the latest year or the average of the last three years reaches US$500,000 ( five hundred thousand U.S. Dollars) or average (agent) commission reaches US$200,000 ( two hundred thousand U.S. Dollars.)
3. Representative offices of foreign companies that have been approved and established for more than one year by the authority concerned at the central government level and are actually operating in Taiwan.
4. Those who have proven contribution to the economic development in this country or have been recognized by the central competent authorities along with authorities concerned at the central government level.
Those companies who have established no more than one year, their qualifications are exempt from the restriction prescribed in the Subparagraph 1 to 3 of the preceding Paragraph.
Chapter 4 Teaching Work
Article 40 Foreigners to be hired for teaching work specified in Article 46.1.3 of this Act should acquire teacher certificates that certify the qualifications for college or universities teachers.
Teachers hired by foreign- resident schools, teach foreign languages in foreign language centers, which are established under education organization above college level, are exempted from this requirement.
Teachers teach foreign languages in foreign language centers, which are established under education organization above college level mentioned in the preceding Paragraph, should acquire formal degrees in colleges or universities either in this country or overseas that are recognized by the authority concerned at the central government level, and the languages they will be teaching should be the official languages of their visa countries, which are approved by the authority concerned at the central government level.
Article 41 Foreigners to be hired for teaching work specified in Article 46.1.3.2 & 46.1.3.3 of this Act should acquire formal degrees in colleges or universities either in this country or overseas that are recognized by the authority concerned at the central government level as well as the teaching qualification for the subjects they will be teaching.
Article 42 Foreigners to be employed as foreign language teachers as specified in Article 46.1.4 in the Act should meet with following requirements. The weekly working hours in the teaching-related work should be no less than 14 ( fourteen) hours.
1. Age: 20 or above.
2. Graduation certificate from colleges or above.
3. The language to be taught by the foreign employees should be the national language used in the country specified on the passport of the employees.
The foreign employees specified in the previous Paragraph, need to obtain qualification certificate for language teaching if the employees do not own bachelor degrees.
Chapter 5 Sports, Arts and Performing Arts
Article 43 Foreigners to be employed as sports coaches as specified in Article 46.1.5 in the Act should be qualified with one of the following:
1. Athletes that can present internationally recognized (sports) coaching certificate issued by international sports assembly or national sports association.
2. Athletes that have been working in the sports coaching sector more than two years and have been recommended by national or international sports associations or organizations.
Article 44 Foreigners workers to be employed in the sports assignments as specified in Article 46.1.5 in the Act should be qualified with one of the following:
1. Athletes that have been participating in international or national sports competitions and can present relevant documents.
2. Athletes that have had practical working experience for more than one year and have been recommended by national or international sports associations or organizations.
Article 45 The employers have to be qualified for one the following when hiring foreigners workers for the work stipulated in the previous two Articles:
1. Schools.
2. Government Instituions.
3. Non-profit sports groups
4. Companies that are involved in physical educations, sports and related businesses.
Article 46 Foreigners workers who are employed in performing arts assignments as specified in Article 46.1.6 in the Act should present working permits of the said specialties or the recommendations and/or certificates issued by the country of origin.
Article 47 The employers have to be qualified for one the following when hiring foreigners for the work stipulated in the previous Article:
1. Schools, public organizations in social, educational and cultural sectors.
2. International hotels
3. Tourism & Recreation Industry
4. Companies that are involved in show businesses and cultural services.
5. Non-profit organizations (Cultural and/or Educational Foundations)
6. Performing groups, Academic, Cultural or Artistic groups on national or international bases.
7. Publication industry.
8. Motion Pictures industry.
9. Non-Cable, Cable or Satellite broadcasting and television industries.
10. Government agencies.
11. Foreign Consulates in Taiwan, Foreign Institutions in Taiwan, Foreign International Organizations in Taiwan.
Chapter 6 Attachments
Article 48 The Standards shall take effect on the day of promulgation.
