Relevant regulations for recruiting foreign professionals in Taiwan (excluding mainland China)

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Relevant regulations for recruiting foreign professionals (excluding mainland China)

Scenario 1: When a company needs to hire foreigners for specialized or technical work in Taiwan

The main law to follow is the " Foreign Professionals Recruitment and Employment Law " (promulgated and implemented on February 8, 2017, hereinafter referred to as the Foreign Talents Law). In order to attract outstanding talents needed for the innovation and transformation of my country’s industry, the Foreign Talent Law relaxes the relevant regulations on visas, work, and residence for foreign professionals in Taiwan, and optimizes insurance, taxation, retirement and other benefits to build a more friendly work and residence environment. , To increase the incentives for foreign professionals to come to Taiwan. If there are no provisions in the foreign talent law, the Employment Service Law , the Entry and Exit and Immigration Law , the employer’s permission and management measures for hiring foreigners, and other relevant laws apply.

Suitable:

  • Foreign professionals: According to Article 46, Paragraph 1, Paragraphs 1 to 6, the work items that can be applied for in Taiwan, including: specialized or technical work, overseas Chinese or foreigners approved by the government to invest or establish a business Supervisors, school teachers, full-time foreign language teachers of cram schools, sports coaches and athletes, religious, artistic and performing arts work, etc., as well as short-term cram teachers with specialized knowledge or skills.
  • Specific foreign professionals: For eight major fields such as science and technology, economy, education, culture and art, sports, finance, law and architectural design, they meet certain conditions and are specific foreign professionals required by our country. The accreditation standards are respectively set by the central competent authority for the purpose of the industry on the characteristics and needs of the industry.
  • Foreign senior professionals: refer to the senior professionals required by our country in accordance with Article 25, Paragraph 3, Subparagraph 2, of the Immigration Law, such as those with unique talents in technology research and development and management of special technology or technology institutions , With special abilities in science, research, industry, commerce and teaching, enough to play a substantial role in my country’s economy, industry, education or welfare, and has won international competition awards.

Work projects:

Employer qualifications:

  • Employers’ salary for hiring foreigners should meet the amount announced by the Ministry of Labor (Note: Unless otherwise specified, the current average monthly salary shall not be lower than NT$47,971).
  • The business registration items in the employer company registration form should conform to the business or industry category specified for various specialized technical work. If there are other provisions for each work item, it is necessary to obtain a license certificate, a practice license or approval for filing a case issued by the competent authority of the business for the purpose.
  • It is a business unit that is a business unit with the “Innovative New Venture Recognition Principle”, or is one of the five plus two industries such as Asia Silicon Valley, biomedical industry, green energy technology, smart machinery, defense industry, new agriculture or circular economy. Institutions, and check and provide relevant certification documents (Interpretation Order No. 107055092461 of the Ministry of Labor on July 24, 107).
  • Other capital (over NT$5 million or more)/ turnover (over NT$10 million)/import and export performance (over US$1 million)/agent commission (over US$400,000) required by each work item Up to a certain standard. The representative office of a foreign company or an office of a mainland company in Taiwan, and has a record of work in Taiwan. R&D centers and corporate operation headquarters approved and established by the central target business authority. Those who have made substantial contributions to the development of the domestic economy, or due to special circumstances, have been approved by the central competent authority in consultation with the central purpose enterprise competent authority.

**Foreign professionals can enjoy the various measures of the “Foreign Professionals Recruitment and Employment Law”.

→Download the application flow chart and the acceptance department meeting[PDF icon](https://translate.googleusercontent.com/translate_c?depth=1&hl=zh-TW&ie=UTF8&langpair=auto|en&pto=aue&rurl=translate.google.com&sp=nmt4&tbb=1&u=https://www.italent.org.tw/website/Upload/%E5%A4%96%E5%9C%8B%E5%B0%88%E6%A5%AD%E4%BA%BA%E6%89%8D%E5%BB%B6%E6%94%AC%E5%8F%8A%E5%83%B1%E7%94%A8%E6%B3%95%E5%90%84%E6%8E%AA%E6%96%BD%E5%8F%8A%E7%94%B3%E8%AB%8B.PNG&usg=ALkJrhjsp0t0Cjopl069y-_eqMh95nSCbQ ““Foreign Professionals Attracting and Employment Law” measures application process and acceptance department map (open another window)”)**

Other situations where the employer does not need to apply for a work permit:

  • Governments at all levels and their affiliated academic research institutions hire foreigners as consultants or research workers.
  • Foreign teachers who are employed by public and private universities to give lectures and academic research, and are approved by the Ministry of Education.
  • A foreigner who is married to a national with a household registration in the Republic of China and is permitted to reside. Those who have obtained permanent residence may apply for permission from the central competent authority without an employer’s application.
  • Those who have been approved to live with their direct blood relatives who have a household registration in the Republic of China may apply for permission from the central competent authority without an employer’s application.
  • Refugees who are permitted to reside may apply for work permits to the central competent authority without an employer’s application.
  • Approved for continuous employment in the Republic of China, staying in the country for 5 consecutive years, good conduct, and domicile. (Unlimited work content, unlimited time)
  • Foreign free art workers may apply for permission from the Ministry of Labor without an employer’s application.

relevant regulation:

Service pipeline:

  • The Contact TAIWAN single portal of the Investment Business Division of the Ministry of Economic Affairs mainly provides foreign talents (including overseas Chinese) matching, handling domestic and foreign talent recruitment activities, and enterprise recruitment customized services. Enterprises are welcome to use more.
  • The application window platform for foreign professionals of the Immigration Department of the Ministry of the Interior can apply for the “Employment Gold Card” online and integrate the necessary documents for foreign talents to work in Taiwan, including work permits, residence visas, alien residence permits, and re-entry permits, which can save valuable resources time.
  • The consultation area for foreigners living in Taiwan of the Ministry of the Interior provides consultation services including visa/verification, stay/residence, customs clearance/customs declaration, medical care, tourism, work, education, housing, transportation, taxation, investment, security, etc.

Scenario 2: When a company needs to hire graduated overseas students to stay in Taiwan to work

The main law to follow is the “evaluation system for overseas Chinese and foreign students working in Taiwan” (hereinafter referred to as the “evaluation system”). If the overseas Chinese meet the qualifications of general foreign professionals to work in Taiwan , the employer can apply in this way. After permission, You can stay on the platform to work.

Work projects:

Should meet the job content of each job category under the employment of specialized or technical work. (For details, please refer to the service website for foreigners working in Taiwan : “Specialized or technical work” in the special area for foreign professionals working in Taiwan.)

Work qualifications:

Foreigners should be foreign students, overseas Chinese and other Chinese students who have obtained a bachelor’s degree or above in Taiwan, and they must be qualified by the Ministry of Labor in accordance with the assessment system.

Employer qualifications:

Employers should meet the employer requirements for hiring foreigners to engage in “specialized or technical jobs” (for example, qualification requirements for franchise industry qualification, capital amount, turnover, etc., for details, please refer to: Employer Qualification in Demand Situation 1).

License period:

Unless otherwise stipulated in the Employment Service Law, the employer must apply for permission. The maximum permitted period is 3 years, and if there is a need for renewal, the employer may apply for extension.

Evaluation items and required documents:

Table 1. Evaluation items and required documents for overseas Chinese and foreign students staying in Taiwan

Comment itemContent and levelPointsDocuments and instructions should be preparedEducationPhD30Photocopy of the diploma of overseas Chinese students.Master degree20Bachelor’s degree10Employment salaryAverage monthly NT$47,971 or more40A copy of the labor contract signed by the employer and the overseas Chinese. The content of the contract should include the average monthly salary (in Taiwan dollars), names of both parties, job title, job description, and employment period.The monthly average of NT$40,000 or more is less than NT$47,97130Average monthly average of NT$35,000 or more but less than NT$40,00020The monthly average of NT$31,520 and above is less than NT$35,00010work experienceMore than two years20A copy of the proof of full-time work experience of overseas Chinese and foreign students at home and abroad.More than one year but less than two years10Qualifications for the positionThose who have the special expertise required by the company20A photocopy of the document certifying that the overseas Chinese have the special expertise of the post. (E.g. professional training, training courses, skills verification, and award-winning patents in writing competitions required for the job)Chinese language abilityPass the Chinese language proficiency test and reach the level of “Fluent” or above30One of the following documents: 1. A photocopy of the certificate of “Advanced” level or above in the Chinese Language Proficiency Test for Overseas Chinese and Foreign Students.
2. Overseas Chinese students who have studied Chinese have one of the following photocopies of supporting documents:
(1) Proof of the results of studying Chinese (Chinese) courses while studying in Taiwan:

  1. Fluency: 80 points or more.
  2. High-level: 70 to 79 points.
  3. Advanced: 60 to 69 points.
    (2) Documents to prove the hours of learning Chinese (Chinese):
  4. Fluency: More than 960 hours of learning Chinese (Chinese) in Taiwan, or more than 1,920 hours in other regions.
  5. Advanced level: more than 480 hours of studying Chinese (Chinese) in Taiwan, or more than 960 hours of studying in other regions.
  6. Advanced: The number of hours of studying Chinese (Chinese) in Taiwan is more than 360 hours, or more than 720 hours in other regions.Reached the “Advanced” level through the Chinese Language Proficiency Test25Reached the “advanced” level through the Chinese Language Proficiency Test20Language abilityPossess two or more language skills other than Chinese20One of the following documents:
  7. A photocopy of the foreign language proficiency verification document.
  8. A photocopy of the certificate that the overseas Chinese have studied another language for more than 360 hours.
  9. A copy of the graduation certificate of the previous education stage of the overseas Chinese.
  10. Graduation certificates issued by the school or the Overseas Chinese Affairs Commission where the degree is obtained for overseas students, Hong Kong and Macao students or foreign students in the previous education stage.
    Such as: Language Training Test Center Foreign Language Proficiency Test (FLPT) certificate, TOEFL, Cambridge University English Proficiency Certificate, British Council International English Proficiency Test, Japan Communication Association Japanese Language Proficiency Test, French Cultural Association French Appraisal (DELF), Goethe Institute German test, German university entrance test “Defu” (TestDaF), Russian language proficiency test conducted by Chinese Culture University or National Chengchi University, etc.Possess a language ability other than Chinese10Growth experience in other countriesHave more than six years of continuous growth experience in other countries10The photocopy of any of the following certification documents for
    overseas Chinese students with growth experience in other countries, respectively:
  11. Overseas Chinese students 1. Overseas Chinese students admission permit issued by the Overseas Joint Admissions Association or the school.
  12. The Overseas Joint Admissions Association distributed the admission list that year.
  13. The admission certificate issued by the Overseas Joint Admissions Association.
  14. The identity certificate of overseas Chinese issued by the school that obtained the degree.
  15. The overseas Chinese identity certificate issued by the Overseas Chinese Affairs Commission or the certificate of continuous overseas residence for more than six years.
  16. A copy of the diploma of the previous education stage of overseas Chinese or Hong Kong or Macao.
  17. Hong Kong and Macau students
  18. The admission permit for Hong Kong and Macau students issued by the Overseas Joint Admissions Association or the school.
  19. The Overseas Joint Admissions Association distributed the admission list that year.
  20. The admission certificate issued by the Overseas Joint Admissions Association.
  21. The identification documents of Hong Kong and Macao students issued by the school that obtained the degree.
  22. A copy of the graduation certificate of Hong Kong and Macao students in the previous education stage.
  23. Foreign students
  24. The admission permit for foreign students issued by the school that obtained the degree.
  25. The identification documents of foreign students issued by the school that obtained the degree.
  26. A copy of the diploma of the foreign student’s previous education in another country.Cooperate with government policyEmployers of companies that cooperate with government policies related to industrial development20The central competent authority for the purpose of business issues a copy of the certification document that the employer cooperates with the relevant government policy. Such as:
  27. Meet the qualifications of outstanding backbone enterprises or potential backbone enterprises.
  28. An enterprise that has established an operating headquarters in Taiwan (a letter of recognition of the corporate operating headquarters).
  29. Enterprises that have established R&D centers in Taiwan (approval letter from executive unit).
  30. A business unit that complies with the “Principles of Recognition of Innovative New Ventures” under the Entrepreneurship and Excellence Program.
  31. A confirmation letter or certification document issued by the head of the central target business in coordination with the relevant policies of industrial development.#### Quota number:

According to the number of permits for overseas Chinese in the current year announced by the Ministry of Labor each year, the number of permits in 109 was 2,500 (Long Fa Guan Zi No. 10805173791).

Frequently Asked Questions:

Please refer to the service network for foreigners working in Taiwan: frequently asked questions .

Scenario 3: When the company has the need to hire foreigners to engage in work-study work (non-internship) while studying in Taiwan

The main laws and regulations to follow are Article 50 of the Employment Service Law and Articles 30 to 35 of the Employer’s Permit and Management of Employment of Foreigners .

Work qualifications:

  • Overseas Chinese, Hong Kong and Macau students, and foreign students who come to Taiwan to formally study in public and private colleges and universities can apply to the agency after enrollment, but foreign students who come to Taiwan to study language courses must study for more than one year before applying.
  • Foreign students studying at or below high school are not allowed to apply for jobs in accordance with the law.
  • If the student is suspended or dropped out of school, if the work permit is still within the validity period, the work permit should be returned to the school counseling unit.

Working time limit:

  • For foreign students, overseas Chinese, and Hong Kong and Macao students applying for work permits, the permit period is up to 6 months.
  • Except for winter and summer vacations, the working hours shall not exceed 20 hours per week (according to Article 50 of the Employment Service Law).

Employer qualifications:

Employers should meet the employer requirements for hiring foreigners to engage in “specialized or technical jobs” (for example, qualification requirements for franchise industry qualification, capital amount, turnover, etc., for details, please refer to: Employer Qualification in Demand Situation 1).

Other situations

Noun Encyclopedia

  • Foreigners: The relevant laws and regulations are Chapters 5 to 7 of the Employment Service Law , the employer’s permission and management measures for hiring foreigners .
  • Hong Kong or Macau residents: The relevant laws and regulations are the " Hong Kong and Macau Relations Ordinance " and the “Employment Service Law”. Pursuant to Article 13 Item 1 of the Hong Kong-Macao Relations Regulations: “Hong Kong or Macao residents who are hired to work in Taiwan shall be permitted to use the provisions of Chapters 5 to 7 of the Employment Service Law concerning the employment, management and punishment of foreigners.” For the relevant regulations on employment of Hong Kong and Macao residents who have obtained overseas Chinese status in Taiwan, please refer to the "Employment and Management Measures for Hong Kong and Macao Residents Obtained Overseas Chinese Status ".
  • Stateless persons and nationals of the Republic of China who have both foreign nationalities and have not registered in the country: The relevant regulations are Article 79 of the Employment Service Law. Follow the regulations of the Employment Service Law for foreigners.
  • The first category of foreigners: in accordance with the “Employer’s Permit and Management Measures for the Employment of Foreigners” refers to foreigners who are hired to perform the work specified in Article 46, Paragraph 1, Paragraph 1 to Paragraph 6 of the Employment Service Law. (Foreign senior/white collar talent)
  • The second category of foreigners: In accordance with the “Employers’ Permit and Management Measures for the Employment of Foreigners”, they refer to foreigners who are hired to perform the work specified in Article 46, Paragraph 1, Paragraph 8 to Paragraph 11 of the Employment Service Law. (Blue-collar foreign workers)
  • The third category of foreigners: refers to foreigners who work in accordance with the provisions of Article 50, paragraph 1 or 2, of the Employment Service Act. (Overseas Chinese)
  • The fourth category of foreigners: refers to foreigners who work in accordance with the provisions of Article 51, Paragraph 1, Paragraph 1 to Paragraph 4 of the Employment Service Law.