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Directions for Foreign Civil Institutions and Organizations to Apply to Set up and Register Offices in the Republic of China (Taiwan)

  • PostDate:2020-12-31 00:00

1.  Foreign civil institutions and organizations that wish to set up offices in Taiwan
  may apply for registration in accordance with these Directions, unless other laws
  and regulations stipulate that applications be submitted to other relevant
  competent authorities.
  Unless otherwise provided by laws and regulations, these Directions shall apply to
  civil institutions and organizations from Hong Kong and Macao that wish to set up
  offices in Taiwan; however, these Directions do not apply to people, legal persons,
  or organizations from mainland China or other mainland Chinese institutions and
  organizations established in Hong Kong or Macao that wish to set up offices in
  Taiwan.

2.  In these Directions, the “competent authority” is the Ministry of the Interior;
  a “regulatory authority of the respective business” is the relevant central or local
  government agency for the respective business of the office, which is responsible
  for supervision of the office.

3.     In these Directions, a “foreign civil institution or organization” is a cultural,
  economic, industrial, commercial, scientific, technological, or other nonprofit
  institution or organization established in a foreign country.
  In these Directions, an “office” is a contact point set up in Taiwan by a foreign
  civil institution or organization.

4.     A foreign civil institution or organization may set up only one office in Taiwan.
  However, offices that receive special authorization from the foreign civil
  institution or organization, and are distinguished by different names, are exempt
  from this restriction.

5.    An office shall appoint a responsible person to represent it. If the responsible
    person is a national of the Republic of China (Taiwan) they shall have household
       registration in the Republic of China (Taiwan). If the responsible person is a
       foreign national, they shall have an Alien Resident Certificate (ARC) issued by
       the Republic of China (Taiwan). Where it is temporarily impossible for the
       foreign national to obtain an ARC for some reason, the regulatory authority of
       the respective business may report to the competent authority for record,
       specifying the reason.
       If the foreign national referred to in the preceding Paragraph has not obtained an
       ARC within six months after the office’s registration with the competent
       authority, the office’s registration may be revoked.
       A person from mainland China may not serve as the responsible person or be a
       staff member of an office.

6.    The following documents shall be submitted at the time of application:
  (1)    A letter of application (see Appendix 1)
  (2)    A document explaining the history and development of the foreign civil
    institution or organization
  (3)    The credentials of the foreign civil institution or organization
  (4)    The current charter of the foreign civil institution or organization
  (5)    Proof that the responsible person has been authorized to represent the
    office of the foreign civil institution or organization
  (6)    An office work plan (see Appendix 2), which shall record the following:
    i.    The purpose of setting up the office
    ii.    The location and telephone number of the office
    iii.    A program of work
    iv.    The office’s organizational structure and staff duties
    v.    Source(s) of funds
  (7)    Resumes of the office’s staff members (see Appendix 3), which shall
    record the following: 
    i.    Name
    ii.    Nationality
    iii.    Gender
    iv.    Date of birth
    v.    Education and work experience
    vi.    National ID Card number or ARC number and photocopy
    vii.    Contact address and telephone number
  The credentials, current charter, and proof of authorization referred to in
  Subparagraphs 3 to 5 of the preceding Paragraph shall be submitted to and
  authenticated by the overseas mission of the Republic of China (Taiwan)
  stationed in or whose jurisdiction covers the foreign civil institution or
  organization’s country.
  The original and a photocopy of the first two of these documents shall be
  submitted at the time of application. For any documents in foreign
  languages, a Chinese translation shall be attached.

7.     If application documents required to set up an office submitted by a foreign
     civil institution or organization are incomplete, the competent authority
        shall notify the applicant to hand in the required documents within one month.
        Failure to hand in the required documents within the given time limit will
        result in the return of the application documents.

8.     A foreign civil institution or organization that has been registered with the
        competent authority shall be issued a certificate of registration, which shall
        specify the following information:
  (1) The name of the office
  (2) The name of the responsible person
  (3) The address of the office
  (4) The telephone number of the office
  Any changes to information in the preceding Paragraph shall be reported to
  the competent authority and regulatory authority of the respective business for record.

9.    After an office has been registered with the competent authority, the office shall handle
       the following matters:
    (1) Submit the previous year’s work report and final accounts, together with the current
    year’s work plan and budget, to the competent authority and the regulatory authority
    of the respective business for record within three months after the end of the fiscal
    year, and input the data into the relevant information reporting system.
    (2) An office that terminates its business should report the reason to the competent
    authority and to the regulatory authority of the respective business for revocation
             of registration. 

10.    If an office’s business or activities violate the laws and regulations of the Republic of
         China (Taiwan) in a serious manner or, as warranted by facts, have jeopardized
         national security, social order, or public interest, the competent authorities for the said
         laws and regulations may handle related matters according to the law and then inform
         the relevant regulatory authority of the respective business, which may give the
         competent authority notice to revoke the office’s registration. 

11.    An office shall handle the employment of staff and other affairs in accordance with the
         relevant laws and regulations of the Republic of China (Taiwan).