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FAQs Quick Search
- Can I rent the land which managed by Land Reclamation Office , Construction & Planning Agency, Ministry of Interior ? CollapseNo, because the land which managed by the Office is National Property. Abide by “National Property Act”Article 28:The competent authority or administration authority shall not dispose or make profits from public use property, the land can not be rented.
- What type of charges will be applied to entering port without permit or doing business without application?CollapseThere were 89 (case/ person) charged for entering restricted area without permit from 1999 to October 2002.
Current Penalty: According to the Law of social discipline Vol. 71, a written warning will be given to the first time violation; a fine of or less than $ NT 6,000 will be charged to the second time violation.
Regulations applied for entering Hualien port restricted area without permit :
Port business regulation Vol. 18: One is not allowed to have below activities within the port restricted area:
1. Anchor within areas with under-water cable construction.
3. Oyster cultivation
4. Any activity that will pollute or affect port safety.
5. Port business regulation Vol. 46: Violating Port business regulation Vol. 18 will be charged for a fine of minimum $NT 90,000 and maximum $ NT 900,000.
According to the Law of social discipline Vol. 71, entering a restricted department or office, where a sign of “Do Not Enter” is clearly posted, will be charged for a fine of or less than $ NT 6,000. A written warning will be given to the first time violation; a fine of or less than $ NT 6,000 will be charged to the second time violation.
- Which department is in charge of lost of goods within the port area? CollapseOne could report to any officer on duty and complete a report form; an assigned officer will be investigating related locations and facts followed by jurisdiction, the claimer will also receive a police report. Once the case is solved, it will be transferred to the local court.
- How to apply for a port entering permit? CollapseOne could apply for a temporary, a long-term or a permanent port entering permit through the security department.
- When will ecotour guides be required to lead groups into ecologically protected areas?CollapseCurrently, this park has not yet implemented regulations requiring a qualified ecotour guide to lead groups into the park’s ecologically protected areas. Ecotour guide training is underway. As soon as a predetermined number of ecotour guides have been fully trained this regulation will come into effect.
- When did Yushan National Park’s website begin development? When was this website completed? What was the cost of developing this website?CollapseThis website began development in May of 1996. It was completed in October of 1996 and officially online on October 22, 1996. The cost of building this website was NT$410,000.
- Which division of Yushan National Park Headquarters is responsible for website maintenance?CollapseInformation technology staff of the Division of Planning and Management are responsible for maintaining this website. Information technology staff can be reached by phone at 886-49-2773121 ext.211.
- When is the recruitment period for docents? (Division of Interpretation)CollapseDocent recruitment is carried out every year in July. For detailed information, please go to the park’s website in June and click on ‘Hot.’ The Division of Interpretation can be contacted by phone at 886-49-2773121 ext. 241~249.
- What are Sewers？CollapseSewers transport wastewater from buildings to treatment facilities. Sewers are pipelines that connect buildings to horizontal 'mains'. The sewer mains often connect to larger mains, and then to the wastewater treatment site. Vertical pipes, called manholes, connect the mains to the surface. Sewers are generally gravity powered, though pumps may be used if necessary.
- .How can I get a job at Yushan National Park Headquarters? (Personnel Office)CollapseYushan National Park is a government unit. Thus, all persons wishing to work atYushan National Park must have the qualifications of a civil servant.
1. First, it is necessary to pass the general civil service exam and related tests for the area in which you wish to apply.
2. Job openings and application deadlines are posted on websites and in publications of this park’s headquarters, Ministry of Personnel under the Executive Yuan and Ministry of Personnel under the Examination Yuan, etc.
3. The Personnel Office of Yushan National Park Headquarters can be reached by phone at 886-49-2348286, 2348287.
- How can I obtain a Yushan National Park travel guide?CollapseSend a letter and return self-addressed stamped envelope (with NT$7 return postage). In the letter, please specify the type of information needed. Send to: Division of Park Recreation and Tourism, Yushan National Park Headquarters, 300, Sec. 1, Chung Shan Rd., Shuili Hsiang,Nantou County 553, Taiwan. The Division of Park Recreation and Tourism can be contacted by phone at 886-49-2773121 ext. 221, 222, 223
- How can I apply for a Yushan climbing certificate? (Division of Park Recreation and Tourism)Collapse(1) A photo taken at the summit of Yushan (3” x 5” individual or group photo)
(2) Date summit was reached (after April 10, 1985)
(3) Applicant’s Chinese and English names, contact telephone number and mailing address
(4) Processing fee: NT$300/person/copy (including return postage) At the time of application:
1. For those applying by mail: Include a postal money order made out to Employee Cooperative, Yushan National Park Headquarters. Send to: Employee Cooperative, Yushan National Park Headquarters, No. 300, Sec. 1, Jungshan Rd., Shueili Shiang, Nantou, Taiwan 553, R.O.C.
2. For those applying in person: Payment may be made in cash. The certificate will be mailed to the pplicant’s mailing address. The Division of Park Recreation and Tourism can be reached by telephone at 886-49-2773121 ext. 221, 222, 223.
The Employee Cooperative can be reached by phone at 886-49-2773121 ext. 228 or 609.
- How can I apply for a bravery (Yung Shih) certificate?(Division of Park Recreation and Tourism)CollapseBravery (Yung Shih) certificates are issued by the Chiayi Forestry Management Office.For questions about how to apply for this certificate, please contact the Chiayi Forestry Management Office directly.
- What kinds of aid can after-care associations provide for ex-cons and how to contact these associations?CollapseThe after-care associations under the MOJ’s guidance can provide ex-cons with the following assistances:
1. Direct care: They provide care through education, influence, and skill training. They also seek social welfare and medical institutions to settle the old, ill and disabled ex-cons.
2. Indirect care: They help ex-cons get employment and schooling or assist them in other appropriate ways.
3. Temporary care: They finance the return of ex-cons to their former domiciles or provide them with small loans or help them in other appropriate ways.
The contacts of the after-care associations are as follows:
The Taiwan After-Care Association Incorporated: Telephone: 02-27371232，27371233 Fax: 02-27370543
The Fujian After-care Association: Telephone: 082-321687 Fax: 082-324794
- How does the private sector participate in monitoring and preventing delinquencies?CollapseCurrently, the work of monitoring and preventing delinquency is divided into that for juveniles and that for adults. The work of monitoring and preventing juvenile delinquency is the charge of juvenile delinquency investigation officers and the juvenile detention houses. The work for adults falls on the shoulders of the monitoring and preventing officers of various district prosecutors’ offices. For adults, the tasks include:
1. Carrying out the program of delayed prosecution in the community.
2. Executing the protection and restraining measures.
3. Handling other judicial protection and prevention affairs.
All individuals who are interested in this work and can meet the following conditions are welcome to go to the district prosecutors’ offices to enroll as volunteers:
1. Over 20 years of age
2. Having a good character and reputation
3. Enthusiastic over monitoring and preventing delinquencies
4. Having a stable life and enough spare time
5. Having good health and the ability to render service
6. Passing the basic, special, and practical trainings
7. Capable of writing reports
The following civic bodies that can meet the following conditions are welcome to enroll and join the delinquency monitoring and preventing ranks:
Accredited public welfare organizations that have full-time staff for handling social welfare, educational, psychological counseling, religious, and charity affair
The volunteer civic bodies that are intended to help execute delinquency monitoring and preventing cases shall also meet the conditions required of individual volunteers as listed before.
For further information, please go to the MOJ’s website to download the “Key Points for Recruiting Delinquency Monitoring and Preventing Volunteers by Prosecutorial Offices.”
- How can the private sector participate in crime-preventing activities?CollapseChildren and youngsters are the future masters of the nation and also the hope of our time. One more effort of prevention will reduce one case of crime. Prevention is the best policy of crime prevention. The following are our approaches:
1. Entrench the rule of law in schools: Lining up the schools, parents, and community to push the rule of law in school education to let the rule of law take root in the minds of students
2. Give lectures in the community: Promoting laws in all communities to let citizens know the law and abide by the law and to make the rule of law into a habit and the norm of life
3. Render legal-counseling service: Providing the people with legal-counseling services through convenient channels
4. Give care and concern to youngsters: Combining the resources of the public and private sectors to conduct various activities on the prevention of drugs and piracy and on the way of self-protection
Let’s all play a part:
1. Let specialists contribute their expertise: Inviting those with legal and educational training to join in school legal education and to provide legal counseling service to the people
2. Let all capable people contribute their time and ability: Inviting all people who have spare time and enthusiasm for the prevention of crime to join in school education on the rule of law and in vacation crime-preventing activities
3. Let all wealthy people contribute their money: Inviting wealthy individuals and organizations to finance legal-education and crime-prevention activities
4. Let all owners of media play their role: Welcoming print media, broadcasting stations, electronic channels, networks, and outdoor media and marketing units to participate in and plan various activities
5. Let all those who have ideas contribute their thoughts: Advising all those who have ideas on crime prevention to take note of our information on holding activities, use our services, and disseminate correct information to their friends
The way to contact us:
1. All nationwide activities are to be promoted by this ministry. Please call the Department of Protection at 02-23146871 or 02-23832704
2. Local services are rendered by district prosecutors’ offices in conjunction with the district’s religious, public welfare, and charity organizations. Please contact the document and transcription section of the prosecutors’ office.
- How should the people read the asset declaration made by a public servant?Collapse1. To read the asset report filed by a public servant, the reader must observe the following related provisions:
a. Provisions of Article 13 of the Regulations for Screening and Reading Asset-declaration Reports Filed by Public Servants: The reader shall fill out an application form and apply to the declaration-taking organization and shall also meet the following conditions:
(1) The applicant is an ROC citizen aged 20 or above.
(2) The applicant shall present his or her ID and sign on the application that bears (a) her or his name, residence and ID number, (b) the purpose of reading, and (c) a pledge that the information will not be used for making profit, credit-checking, raising money or other inappropriate purposes.
b. Provisions of Article 16 of the same regulations: The asset report must be read in the organization that accepted the report and only reading is allowed. Besides, the reader shall abide by the following provisions: (1) the material shall not be taken out of the organization; (2) now transcribing, photographing or photo-copying is permitted; (3) no adding, altering, changing, extracting, marking, or damaging is allowed; (4) the bound volume shall not be unbound; and (5) no behavior that affects the completion of the material and the order of the scene is tolerated. If the reader violates any of the foregoing provisions, he or she is culpable for criminal punishment and will be referred to the competent district prosecutors’ office for action.
c. The same applicant is allowed to read the report of the same public servant only once in a year.
d. One applicant is allowed to read only one report.
2. The organizations that may take the applications (the organizations defined in Article 4 of the Public Servants Asset Declaration Act) are as follows:
a. The Control Yuan: The public servants required to declare their assets are the president; the vice president; the presidents and vice presidents of the Executive Yuan (premier and vice premier), Legislative Yuan, Judicial Yuan, Examination Yuan, and the Control Yuan; political appointees; paid presidential advisors; national policy advisors; and strategic advisors; elected government heads above the township level; and elected people’s representatives on and above the county and city level. (This is provided in Items 1 to 4 and Items 8 and 9, Paragraph 1, of Article 2 of the Act.)
b. The government ethics unit of the applicant’s organization: The officials required to declare their assets are those holding the 10th and higher grade and agency heads holding the comparable rank, principals of public schools at all levels, leaders of military organizations holding the rank of major general and above, heads of public enterprises and their departmental heads holding the comparable rank of the 10th grade and above, lawyers, prosecutors, police officers, judicial investigators, tax officials, Customs officers, land officials, budget controllers, public works officials, urban planners, stock and security officials, and government procurement officials of government agencies on and above the county and city level (provided in Items 5 to 7 and in Items 10 and 11, Paragraph 1, of Article 2 of the Act). In an organization where there is no government ethics unit, the declaration shall be made to the government ethics unit in the higher agency or a designated organization.
c. Various electoral commissions: Those required of filing the reports shall be the candidates of elections.
- Why the information on administrative rules cannot be found in the Law and Regulation Index in the National Legal Databank?CollapseThe National Legal Databank is divided into the concentrated sector (central laws, pacts, and Grand Justices’ interpretations) and the dispersed sector. To facilitate reference, a section for latest information was added to the homepage. You may enter this section to find the latest and the newly changed administrative rules reported by various organizations. You may also access the legal databank or bulletin board to find related information.
- Which government agency has sorted the legal interpretations made by various ministries and commissions?CollapseOn the net, this ministry has provided two databanks for inquiring about the interpretations on laws and regulations: the national legal databank (http://law.moj.gov.tw/eng/) and the MOJ legal databank (http://law.moj.gov.tw/eng/). Following are some explanations:
The national legal databank publishes the latest administrative interpretations made by all competent agencies of the nation which are universally applicable.
The MOJ legal databank collects the administrative interpretations made by MOJ on its operations and related business.
You are welcome to use these two channels.
The Minister’s letterbox
- What are the definition and legal guidelines of Farmland Readjustment Act？Collapse“Farmland Readjustment” is the process whereby economically inefficient farm land from a certain area is consolidated together, and re-divided into standard plots of land. Plus, through the redistribution of farmland, farmers are able to exchange their scattered land holdings into single consolidated lots, allowing for improved administration and farm mechanization. Currently, all readjustment is undertaken in accordance with “Farmland Readjustment Act” as well as relevant regulations.
- What are the costs of farm landowners while executing rural community land readjustment works.CollapseThe land, except land used for construction before readjustment, should encumber more than 40 percent of encumbrance in the readjustment area. The costs on the construction works are shared at the proportion formulated by the government (for 90 percent) and the landowners (for 10 percent).
- How do if landowners want to execute rural community land readjustment themselves？CollapseThe landowners shall organize the Readjustment Commission independently to transact Rural Community Land Readjustment for improving land use and broaden arrangements of Rural Community Land Readjustment. The Readjustment Commission should get the agreement of more than one half of landowners who hold more than one half of lands in the readjustment area, and get the approval from the metropolitan or the county / city competent authority to transact readjustment.
- What is urban planning monument means?CollapseAfter urban planning has published, the urban planning monument should be piling in one year. The urban planning monument includes road central monument、public facility monument and zoning monument.
- What’s the procedure of pleading on urban planning monument doubts?CollapseUrban planning monument resurvey should be apply for the of urban planning monument administrant apparatus.
- What is the difference between the new statutory system of separate property for spouse (the new system) and the old system of joint property (old system)?Collapse1. Categorization:
New system: The property is categorized into pre-marital property and post-marital property.
Old system: The property is categorized into original property, special property, and joint property.
New system: Separately owned
Old system: Respectively owned
3. Management right:
New system: Separately managed
Old system: Jointly managed. In principle, it is managed by the husband but it may also be managed by the wife upon agreement. Special property shall be managed separately.
4. Burden of management expense:
New system: Burdened separately
Old system: For joint property, the expense shall be borne by the side with the right to manage it. For special property, it shall be borne separately.
5. Use and profit:
New system: to use and enjoy the profit separately.
Old system: The side that has the management right shall have the right to use the original property and enjoy its profit.
6. Disposal right
New system: Separately disposing their property
Old system: The side that has the right to dispose the original property can do so only under agreement from the other side. But the side having the management right can unilaterally dispose the property if the disposal is required in management.
7. Settlement of debts
New system: Both sides are responsible for settling debts.
Old system: Attribution of responsibility is based on the category of property, more complicated in nature.
8. Security measures:
New system: One party of the marital relations may ask the court for interdictum fraudatorium against the allocation of the other party’s surplus property.
Old system: none
9. Right to claim surplus property
a. When the statutory relations of property relations extinguishes, the post-marital property of the wife or husband, after deducting the debt, shall be divided equally.
b. Property not included in the allocation: The property or cash inherited or obtained gratuitously.
c. In the five years before the extinction of statutory property relations, the amount of property maliciously disposed of by a husband or wife shall be added to the calculation.
d. A husband or wife that deserves the allocation may demand a specific third party to return the insufficient portion.
a. When the relations of joint property extinguishes, the original property obtained during the marriage shall be divided equally after deducting the debts.
b. Property not included in the allocation: Property inherited or obtained gratuitously
10. Burden of family expenses
New system: Unless otherwise provided for in the law or agreement, family expenses should be divided between husband and wife according to economic ability, housekeeping labor or other factors.
Old system: When the husband cannot afford to pay, the wife shall be responsible with her whole property.
11. Funds for free proposal:
New system: Besides the living expenses of the family, the husband and wife may decide through agreement to set aside a certain amount for free disposal by the husband or the wife.
Old system: None
- How to address the problem for the protection of one’s rights if his or her personal data is illegally gathered or used?CollapseAccording to Item 7, Article 3, of the Computer Processing Personal Data Protection Act (hereinafter referred to as the Act), the term of non-public agencies shall refer to the following enterprises, organizations and individuals, not including those mentioned in said Item: (1) credit-checking businesses and organizations and individuals mainly engaged in collecting or computer-processing personal data; (2) hospitals, schools, telecoms enterprises, financial institutions, security enterprises, insurance businesses, and mass-communication establishments; (3) enterprises, organizations and individuals specified by the Ministry of Justice in conjunction with the competent agencies of the central government (currently, they are futures businesses, national industrial insurance associations, life insurance associations, and Taiwan Ex-con After-care Associations). Accordingly, the Act is not applicable to private businesses, organizations and individuals not covered by above-mentioned provisions unless it is mentioned in advance in the agreement. Besides, Articles 7 and 18 of the Act have prescribed that public service organizations and non-public service organizations must meet certain conditions before they are allowed to collect and computer-process personal data. The collected personal data must be used in keeping with the provisions of Articles 8 and 23 of the Act. Articles 27 to 30 provide that a victim may claim civil compensations for violating the foregoing provisions on the collection and use of personal data, irrespective whether the violator is a public-affairs organization or a non-public-affairs organization. The victim may also pursue the criminal responsibilities of the violator in keeping with the provisions of Articles 33 to 35 of the Act. If the violator is a non-public-affairs organization, the competent government agency may fine the responsible person in accordance with the provisions of Articles 38 to 40 of the Act. In a serious case, it may revoke the license or registration given to the organization under the Act.
- How is administrative procedure related to people’s rights and interests?CollapseArticle 1 of the Administrative Procedure Act (hereinafter referred to as the Act) provides: “The act is written to ensure the administration is done in keeping with fairness, openness, and democracy and in accordance with the law so as to protect people’s rights and interests, enhance administrative efficiency, and increase people’s confidence in administration.” This article exemplifies the functions as well the legislative purpose of the Act. The following is a brief introduction：
1.Carry out administration according to law: Administration according to law is the primary principle of the Administrative Act. A government employee who violates this principle shall be held for civil, criminal and administrative responsibilities and the government agency in question shall be responsible for national compensations.
2.Ensure propriety of administrative action: An administrative action has the effect of establishing or creating personal rights and duties and this, in turn, shall be done in keeping with established procedure to ensure correct establishment of fact and the application of law.
3.Provide people with the opportunity of participation: The release of an administrative decree and the taking of an administrative action are common practice of an administrative agency. These are closely related to people’s rights and interests. In nature, they are unilateral behavior of the administrative agency. In a modern nation, when a government agency makes a policy concerning people’s rights and interests, it should provide the people with an opportunity of participation; otherwise, it is inconsistent with democracy. This is especially true if the action is resulted from an application filed by the concerned party in accordance with the law (see the proviso of Article 34 of the Act). When the concerned party makes an application to an administrative agency in accordance with law, it may do so orally or in writing unless otherwise specified in the law or regulations (see the upper half of Article 35 of the Act). In the administrative procedure, the concerned party may present evidence and may also demand the administrative agency to investigate the fact or to examine the evidence (provisions of Article 37 of the Act). When an administrative agency makes a decision to restrict or to deprive people’s freedom or their rights and interests, it shall first inform, in accordance with the provisions of Article 37 of the Act, the concerned party to present his or her opinion. Unless a public hearing is to be held, the concerned party shall be given the opportunity for presenting opinions (Article 102 of the Act).
4.Reduce administrative controversies and litigations: Article 109 of the Act says that for an administrative decision made through a public hearing, if the concerned party disagrees, he or she may file a litigation of annulment without the need of going through the procedure of appeal. If the party appeals to the decision-making agency for nullifying the administrative act and if it is turned down, he or she may also do it without going through the appeal procedure.
5.Protect people’s rights and interests: Under democracy and the rule of law, all institutions are established with the protection of people’s rights and interests as the ultimate objective, and this is an indispensable function of any institution, including administrative procedure. In addition to the foregoing four items, the Act has many other provisions such as the right to read the file, to apply a government employee for removing himself from the case, to claim the fact or to declare the evidence. All these provisions are, without exception, intended to protect an individual’s rights and interests.
- How to accuse a crime if it is found?CollapseAns.: Article 240 of the Code of Criminal Procedure provides; “Anyone who knows of a suspect crime may make an accusation.” Article 241 says: “A government employee who knows of a suspect crime during the execution of duty shall make an accusation.” The accusation may be done in accordance with Article 242, which says: “An exposition or accusation shall be done to a public prosecutor or the judicial police in writing or orally, and if it is made orally, an affidavit shall be made. To facilitate the exposition and accusation, an accusation bell shall be installed.”
- How to make an accusation if one’s own rights or interests are infringed?CollapseThe accuser may present the evidence and make the accusation, orally or in writing, to the prosecutor or the judicial police in keeping with Article 242 of the Code of Criminal Procedure. In case that it is a crime that shall be dealt with only after accusation, the accuser must take note of the limitation of statute.
- How to address the problem if one disagrees with a case of delayed prosecution or non-prosecution?Collapse1. Non-prosecution: When the accuser receives the notice on non-prosecution or delayed prosecution, he or she may present, in writing, the reasons for disagreement to the original prosecutor within seven days in keeping with the provisions of Article 256 of the Code of Criminal Procedure. The prosecutor may, in turn, directly apply the prosecutor general of the higher prosecutors’ office or the State Prosecutor General for re-deliberation. But, no application for re-deliberation is allowed if the decision was made by the prosecutor within the power of position in accordance with Article 253 or if the prosecutor has informed, in keeping with Article 253-1, the accuser of the non=prosecution and has got his or her agreement. Besides, in a case that carries a minimum penalty of more than three years in prison, if the prosecutor makes a non-prosecution because of insufficient evidence or if the prosecutor decides to delay the prosecution in keeping with the provisions of Article 253-1, the prosecutor shall, in keeping with the power of his or her position, directly appeal to the prosecutor general of the higher prosecutors’ office or the State Prosecutor General for re-deliberation as long as there is nobody qualified to make such an appeal. In this case, the prosecutor shall notify the accuser to the effect.
2. If the accuser disagrees with a case rebutted by the prosecutor general of a higher prosecutors’ office, he or she may retain a lawyer to present within ten days the reasons to the first-instance court and apply for retrial.
3. In a case of disagreement to non-prosecution, the accuser may argue during the trial and ask the first-instance court to make a judgment.
- How to apply for transferring imprisonment of a convict for the convenience of visit by dependents?Collapse1. Prison inmates:
a. If a convict has the conditions of Item 1 or 2 below and meets the provisions of Items 1 to 9, he or she may submit evidence and file an application to the executing prison.
(1) A grand parent, parent, or spouse is suffering from a critical disease or critical injury who has a certificate issued by the Bureau of National Health Insurance or a disability ID issued by the government.
(2). His or her parent or spouse is over 65 or his or her child is under 12 years of age.
(3) The convict has been imprisoned for more than three months or a year has passed since he or she was referred to the prison after investigation or transferred from another prison.
(4) The new prison applied for must be in the same location as the residence of the spouse or other relatives listed in Items 1 and 2.
(5) The convict has not violated the rules in the recent year.
(6) The remainder imprisonment exceeds four months.
(7) The added penalty has not progressed to Class 1.
(8) The convict does not have the condition of Item 1 of Article 11 of the Prison Execution Act.
(9) He or she is not pending investigation, trial or imprisonment for an offense committed in the locality of the current prison.
After preliminary screening and finding that the case is consistent with the foregoing stipulations, the executing organization shall report the case to the Ministry of Justice for approval.
b. When the MOJ receives a transfer report submitted by a prison and finds in preliminary screening that the case is consistent with the provisions of the following items, it will approve the transfer of imprisonment:
(1) The case is consistent with the stipulations of the “List of MOJ-set Standard for Accommodating Prisoners by Prisons.”
(2) The prison applied for transfer of imprisonment is not yet seriously over-crowded.
c. The executing prison shall complete the transfer of imprisonment in a month after receiving the MOJ’s letter of approval.
2. Rehab inmates:
a. If a rehab person has any condition of Items 1 and 2 below and can meet the stipulations of Items 3 to 8, he or she may submit the evidence and apply to the rehab institution for a transfer:
(1) A grand parent, parent, or spouse is suffering from a critical disease or critical injury who has a certificate issued by the Bureau of National Health Insurance or a disability ID issued by the government.
(2). His or her parent or spouse is over 65 or his or her child is under 12 years of age.
(3) He or she has completed the induction investigation.
(4) The rehab program has not reached the state of social adaptation.
(5) The rehab institution is located in or near the district of the residence of the inmate’s dependents.
(6) The inmate has no record of rule violation.
(7) The inmate has no serious, rooted or psycho disease.
(8) He or she has no case pending investigation, trial, or execution.
After preliminary screening and finding the case is consistent with the foregoing stipulations, the executing organization shall report the case to the Ministry of Justice for approval.
b. When the MOJ receives a transfer report submitted by a rehab institution and finds the case is consistent with the provisions of the following items, it will approve the transfer:
(1) The case is consistent with the stipulations of the “List of MOJ-set Standard for Accommodating Rehab Inmates by Rehab Institutions.”
(2) The institution applied for transfer of rehab location is not yet seriously over-crowded.
c. When the executing rehab institution receives the MOJ letter of approval, it shall complete the transfer within two weeks so long as it will not affect the follow-up rehab program and evaluation.
- Why does it take more time to process a parole case and why is a parole case rejected even if it meets the provisions of Article 77 of the Criminal Code?Collapse1. A parole case must go through the process of submission, deliberation and approval. Besides, there are a lot of such cases in a month. To protect the rights and interests of the convict, a parole case takes more time than an ordinary case to process and, therefore, it leads to misunderstanding. The MOJ knows that the dependents are eager to have a reunion with the convicts, so we are trying hard to improve the process by increasing the efficiency so that a convict can return to society as early as and as smoothly as possible.
2. Although Paragraph 1, Article 77, of the Criminal Code provides that if there is evidence of repentance during the execution of imprisonment, a parole may be granted upon application by the prison authority to the highest judicial administrative authority after a convict has served more than 15 years of life imprisonment, 20 years for a repeated offence, and a half for a fixed-term imprisonment, and two-thirds of the sentence for a repeated offence, this shall not apply to fixed-term imprisonment that has been served for less than six months. Nevertheless, the foregoing provisions are just the mandatory conditions for a parole and they do not mean that a convict shall be paroled if he or she has served 15 years for a life sentence, one half or two-thirds for a fixed-term sentence. The times of offence, the situation of the offence, the impairment to society of the offence and the repentance of the convict during imprisonment must also be carefully evaluated before a parole is granted so as to ensure social justice and the merit of a parole.
- What are the features of SME small working capital loan?Collapse1.Given the rising demand for small working capital plus the money glut in the banking system, the Ministry of Economic Affairs is coordinating with the Ministry of Finance, the Bankers Association, different banks, the Small and Medium Business Credit Guarantee Fund and the Small and Medium Enterprise Development Fund to encourage the granting of loans to the SMEs.
2. With the Credit Guarantee Fund and the SMEs Development Fund providing guarantee for the approval of 80 percent of applied loans, enterprises are subjected also to shortened credit examination period and simplified loan processing.
- How long is the term of SME small working capital loan? CollapseThe loan period for the short- term working capital is not longer than one year, and the mid- term working capital is not longer than 5 years. The approved length is at the financial institution's discretion.
- Define Small and Medium EnterprisesCollapseSmall and medium enterprises are defined according to the following articles and standards.
These standards have been drawn up in accordance with the provisions of the Small and Medium Enterprise Development Statute (hereinafter referred to as "the Statute"), Paragraph 2, Article 2.
For the purpose of these standards, the term SME shall refer to an enterprise which has completed company registration or business registration in accordance with the requirements of the law, and which conforms to the following industries’ standards:
1. Manufacturing industry, construction industry and mining or quarrying industry with paid-up capital of less than NT$80 million.
2. Agricultural, forestry, fishery and animal husbandry industries, electricity, gas and water industry, trade and commerce, warehousing and communications, finance and insurance industry, real estate, commercial service industry, social service and personalized service, which had sales revenue of less than NT$100 million in the last year.
Depending on the specific nature of the business and industry for which guidance is being provided, government agencies may classify the following as SMEs based on the number of regular employees (in which case the restrictions above shall not apply):
1. Manufacturing industry, construction industry and mining or quarrying industry should have fewer than 200 employees.
2. In the case of enterprises in agriculture, forestry, fishery and animal husbandry industry, electricity, gas and water industry, trade and commerce, warehousing and communications, commercial service industry, social service and personalized service, the number of regular employees should be fewer than 50.
Small-scale enterprises in manufacturing industry, construction industry and mining or quarrying industry should have fewer than 20 employees.
Small-scale enterprises in agriculture, forestry, fishery and animal husbandry industry, electricity, gas and water industry, trade and commerce, warehousing and communications, commercial service industry, social service and personalized service, should have fewer than five regular employees.
For the purposes of these Standards, the term "sales revenue" shall refer to the operating revenue on the income tax declaration form in the year prior to the determination of SME status as approved by the tax authorities. Where the tax authorities have not given approval, the sales revenue shall be decided according to the provisions below:
1. Sales revenue may be based on the operating revenue noted on the income tax declaration form for the year prior to determination of SME status bearing the "Documents Received" seal of the tax agency.
2. If the enterprise is unable to obtain the document referred to above, the sales value noted on the sales and tax declaration form for the year prior to determination of SME status, with commissions and non-operating income deducted, may be used as the basis for calculating sales revenue.
3. In the case of sales representatives required to pay business tax by the tax authorities, the sales revenue for the previous year shall be assumed to be NT$80 million or less.
4. If the enterprise was established in the previous year and less than one year has elapsed since business registration, or if business registration took place in the current year, the annual sales revenue shall be calculated on the basis of the income that has been declared.
For the purposes of these Standards, the "number of regular employees" shall be based on the monthly average number of employees covered by the National Labor Insurance in the last 12 months.
Enterprises to which any of the following apply shall be considered SMEs:
1. In the case of the SME that has received guidance for expansion, where after expansion the size of the enterprise exceeds the standards listed in Article 2, the enterprise shall continue to be treated as an SME for two years starting from the date of the expansion.
2. In the case of the SME that has received guidance for merger, where after the merger the size of the enterprise exceeds the standards listed in Article 2, the enterprise shall continue to be treated as SME for three years starting from the date of the merger.
3. Where a guidance agency, guidance system or relevant agency undertakes collective guidance for SMEs in a given industry, if some of the enterprises exceed the standards listed in Article 2, if the guidance agency, guidance system or relevant agency feels that there is good reason for providing guidance to these enterprises too, they may be treated as SMEs during the period of collective guidance.
- Who are qualified to apply for the SME small working capital loan?Collapse1. An enterprise that complies with the Standards of the Small and Medium-sized Enterprise Development Statute
2. An enterprise whose collateral is not enough for the loan and needs to hand over to SME a credit guarantee, usually evidence that the manufacturing has been in operation for more than six months and the non-manufacturing operation has been going on for more than one year.
3. No bad credit record.
4. Legitimate use of capital.
5. Financial resources for reimbursement are clearly recognized.
6. The enterprise has never applied for a loan or its outstanding loan balance is less than NT$3 million. For the small-scale enterprise which is not required to issue the uniform invoice, its outstanding loan balance is limited to less than NT$1.5 million. The enterprise with an outstanding loan exceeding the limit is eligible to apply under the guidelines of the Small and Medium Business Credit Guarantee Fund.
- What is the Small and Medium Business Credit Guarantee Fund?CollapseThe Small and Medium Business Credit Guarantee Fund is a non-profit legal entity under the Ministry of Finance. Any guarantee- eligible SME can have access to the Small and Medium Business Credit Guarantee Fund through a bank. Transaction fee for the guarantee is required.
- Can SMEs directly apply for a loan from the Small and Medium Business Credit Guarantee Fund?CollapseNo, SMEs must apply for loans through the banks because the purpose of the Small and Medium Business Credit Guarantee Fund is to provide the SMEs' credit guarantee and to ultimately share the banks' risks while encouraging the SMEs to seek loans.
- Who are the eligible clients for Small and Medium Business Credit Guarantee Fund?Collapse1. Manufacturing Enterprises
The manufacturing enterprises operating independently, have completed company registration or business registration in accordance with the requirements of the law and have one of the following certificates for exclusive venture, joint venture or corporation:
(1) Enterprises in manufacturing industry, processing industry and handiwork industry must have factory registration certificate and according to the Factory Management Guidelines and Regulations, the enterprises without factory registration certificates can instead show business registration certificate indicating their being registered for manufacturing and processing. Enterprises without business registration certificate must submit a pledge approved by the credit examination institution. Also eligible are enterprises in the construction Industry with construction registration certificate or building registration certificate.
(2) Actual capital has to be less than NT$80 million for enterprises in operation for more than six months. The employees on the average are below 200. The "number of regular employees" shall be based on the monthly average number of employees covered by the National Labor Insurance in the last 12 months.
(3) SMEs are not exempted from certain provisions in the warnings on the dire consequence of poor credit and business performance. Business enterprises with unfavorable credit standing or performance should refer to another section in the Small and Medium Business Credit Guarantee.
2. Non-manufacturing Businesses
(1) Legally registered, independently operating, registered as exclusive venture, joint venture, corporation but not including those engaged in finance and insurance, mining or quarrying, land development, real estate rental and leasing as well as entertainment with special permit
(2) Sales revenue is less than NT$100 million but more than NT$3.5 million.
(3) Business has been in operation for more than one year.
(4) SMEs are not exempted from certain provisions in the warnings on the dire consequence of poor credit and business performance. Business enterprises with unfavorable credit standing or performance should refer to another section in the Small and Medium Business Credit Guarantee.
3. Small-scale Business
The standards for those guaranteed are the same as those for other business categories except that the sales revenue has to be less than NT$3.5 million
4. An enterprise granted guaranteed loan is no longer eligible after becoming a listed or over- the- counter company.
- From what regions of foreigners required to present certificates for ratification by the ROC representative offices?CollapseCitizens from Nigeria, Afghanistan, Algeria, Cuba, Bangladesh, Bhutan, Iran, Iraq, Laos, Burma, Nepal, Sri Lanka, Somalia, Syria, Pakistan, Philippines, Thailand, Vietnam, Malaysia, Cambodia, and Indonesia are required to have their dossiers ratified by the ROC representative offices. countries others than those mentioned may be determined Council of Labor Affairs in case of need.
- Why did the Labor Affairs Council establish a one-stop service center for hiring foreign professional workers?CollapseAccording to Article 48 of Employment Service Act: “Prior to the recruitment of foreign persons for work, the employer shall prepare and provide the related documents and apply for permission from central competent authority”, The said article stipulates the rules and regulations and rules for employing foreign professional workers. The main consideration is to integrate with regulations and rules of different competent governmental organizations, so that universal standards and rules can be made. Furthermore, the artical can protect employment rights of ROC citizens in accordance with the trends of the domestic job market. The one-stop service center will cut down on excuses and conflicts resulting from different governmental organizations when employers apply for foreign worker permits. The service center will also employers and foreigners time in case they need to make inquires.
- What is included in monthly average salary ?CollapseAveraged monthly salaries include both “regular” and “non-regular” parts. The regular parts include basic pay, professional allowance, monthly-based bonus and fixed compensations or voucher values for rent, utilities, transportation, rooms and boarding. The non-regular parts include overtime payments, non-monthly-based bonus or allowances, such as three main national holidays, special bonus for leaves, and meal compensations.
- Why is there restriction on minimum salaries for hiring foreign workers in professional and technical positions?CollapseThe Government to protects our nationals’ employment opportunities and prevent against employers from hiring foreign blue collars workers in the name of white collars (specialized or technical workers) Therefore, according to the law , employers are required to pay foreign white collar workers a minimum salary. According to paragraph 8 of “Qualifications and Reviewing Criteria for Foreigners Employed to Work under Section 1 to Section 6, Sub-Paragraph 1, Article 46 of Employment Service Act”, foreign workers who are employed in specialized and technical positions are not allowed to be paid below average salaries as published in the latest the monthly issue of Average Pays & Salaries for Industry and Service Business Professionals. The salary standard is the monthly average for domestic professionals (which amounts to 47,971 dollars currently), In other words, if employers hire foreign workers, their salaries should be paid according to the above standard.
- What are the governing authorities for land and industrial zones?CollapseIn Taiwan, industrial land is divided into three categories: urban development industrial zones, Type III land for construction purposes according to investment incentives, which is not included in non-urban land designated for the development of industrial zones, and those industrial zones which are earmarked under the Statutes for Upgrading Industries(Expired by the end of 2009, the Industrial Innovation Act will take effect soon). The aforesaid urban development plan and non-urban lands designated as industrial zones fall under the jurisdiction of Construction and Planning Administration, Ministry of Interior, while the latter, as regulated under Item 4 of the Statutes for Upgrading Industries, fall under the jurisdiction of the MOEA at the central level, and city government''''''''''''''''''''''''''''''''s Bureau of Construction at the city level, and county and municipal governments at the county and municipal city areas. Detailed information can be obtained from IDB wbesite.
- How is the development of industrial zones in Taiwan categorized?CollapseIn Taiwan, industrial land is divided into three categories: urban development industrial zones, Type III land for construction purposes according to investment incentives, which is not included in non-urban land designated for the development of industrial zones, and those industrial zones which are earmarked under the Statutes for Upgrading Industries(Expired by the end of 2009,the Industrial Innovation Act will take effect soon). The aforesaid urban development plan and non-urban lands designated as industrial zones fall under the jurisdiction of Construction and Planning Administration, Ministry of Interior, while the latter, as regulated under Item 4 of the Statutes for Upgrading Industries, fall under the jurisdiction of the MOEA at the central level, and city government''''''''''''''''''''''''''''''''s Bureau of Construction at the city level, and county and municipal governments at the county and municipal city areas.
Detailed information can be obtained from IDB wbesite.
- What are the costs of water, electricity and land at Taiwan’s industrial zones and science-based industrial parks?CollapseWater and Electricity
Industrial zones have already set up basic public infrastructure facilities for water, electricity and telecommunications. After hiring workers to build factories, a company can apply to the water, electricity, and telecommunications companies; fees and expenses will be calculated based on rates set up by the respective companies. Detailed information on rates can be obtained by clicking on the Related Content links on the right.
Industrial Zone Land and Construction Costs
The costs for industrial land, construction, or rental fees at the industrial zones at the Ministry of Economic Affairs' (MOEA) Industrial Development Bureau will be determined based upon the cost of development and will then be finalized by the Evaluation Committee for Construction and Industrial Land Costs. When buying property in the industrial zone, apart from paying for the land, the company should also pay fees to the Management Fund for the Development of the Industrial Zones (which is calculated as 1% of the purchase price). When applying to purchase or rent land or buildings within the industrial zone, the company should also pay 3% of either the annual rent or the selling price of the property as a security deposit. If the purchase or rental is approved, the guarantee fund will be calculated as part of the rent without interest, while the money will be returned -- interest-free -- if the purchase or rental proposal is rejected.
Detailed information can be obtained from IDB wbesite.
- How can foreign investors acquire land in Taiwan?CollapseThe relevant laws governing the acquisition of land by foreign companies in Taiwan are stipulated in the Land Law and Procedures Governing the Acquisition of Land When Foreign Nationals Invest in Major Infrastructure Projects or Other Agricultural or Dairy Related Projects. The key points are summarized below. (1)The following types of investment projects are eligible to acquire land in Taiwan: a. Residential b. Business operations center, office, shop and factory c. Churches d. Hospitals e. International Schools f. Embassies/Foreign Missions and Charity Groups g. Cemeteries h. Projects which will help local infrastructure, the overall economy or the agricultural and dairy business, and those approved by the central competent Authority, include: • Major infrastructure projects which are approved by the central competent authority or accorded with the major infrastructure project status by the Executive Yuan in accordance with relevant laws. • Investment in the Overall Economy: Tourist hotels, tourist entertainment facilities, the development of sports stadiums, development of residential buildings; Development of industrial factories; industrial zones, commercial areas, high-technology industrial parks and the development of other specialized areas; Re-development of ocean land; public infrastructure projects; new cities and townships, the development of the new areas and urban renewal; investment areas announced by the central competent authority. • Investments in agriculture and farming intensive industries that conform with the Council of Agriculture's agricultural and capital standards and categories. (2)Restrictions on the acquisition of land The following types of land may not be transferred, may not create encumbrances, or may not be rented to foreign nationals: a. forest lands, b. fishing ponds, c. hunting areas, d. salt areas, e.mining areas, f. water source areas, and g.military zones or h.border areas. (3)Application Procedure Applicants should fill out their application form and prepare their application along with their related documents (see Section D). The application procedure is subject to city or county government approval for those land transfer issues which do not include land rezoning or land inheritance. If the investment area comes under Section A item 8, then applicants should, for land acquisition, first apply to the central competent authority while the city (municipal) and county governments should decide whether to accept or reject the application within 14 days; upon approval, all related documents should be sent to central and local government authorities for reference. (4)Related Documents a. Identity card documents of the applicant. If the applicant is a foreign corporation, it should provide proof of identity recognized under ROC law. b. Investment Plan. The investment plan should stipulate the name of the plan, the address of the land and other items required by the central competent authority. c. Land Registration Documents and Land Graph Documents. For land designated for urban planning, the application must attach the Certificate Allowing Land Use for Urban Planning. With land for farming purposes, the application must attach the Certificate allowing Land Use for Agricultural Purposes or an equivalent certificate allowing land use for such purposes. d. Certificates of Reciprocity and Equality verified by ROC missions, representatives, offices or other organizations authorized by the ROC Ministry of External Affairs abroad. Countries included on the list of countries with whom the ROC has signed land use reciprocity agreements are exempt from the above requirements. e. Other Documents. Other documents provided for in applications filed earlier during evaluation are not required. f. Additional Notes (i)The right to own land by foreign nationals will be determined by ROC law or are regulated in line with relevant treaties and also similar to the rights enjoyed by ROC citizens in that country. (ii)The location of the area is under jurisdiction of the laws and regulations of the city or the local governments which govern the place. (iii)Foreign nationals, when applying to acquire land under Article 1 of Item 8, should use it for the duration stipulated in the agreement and for purposes agreed upon in the agreement. If they are unable to use the land, for whatever reason, for the duration and for the purposes agreed upon, then they should apply, by clearly stating the reasons, to the central competent authority for a time extension. If they are still unable to utilize the land as agreed upon, then the city or county government shall notify the ownership of their intent to sell the land within three years after they receive the notification. If they are unable to sell it within the period, then the land will be auctioned and the proceeds given to the ownership. Any objects on the land, if they are any, will also be auctioned as part of the land. (iv)Foreign nationals who purchase or rent land will enjoy the rights and shoulder the responsibilities stipulated under the laws after the registration process is completed. (v)For the land acquired, usage which may involve environmental assessment, maintenance of land and water, land utilization areas and land rezoning and the land development will all be processed according to the relevant laws and regulations. Detailed information can be obtained from IDB wbesite.
- Are there any related tax incentives when renting or buying land or factories within industrial zones?CollapseWhen applying to rent or purchase land or buildings within industrial zones, investors should pay a security deposit amounting to 3% of either the annual rent or the selling price. When the rental or the sale project is approved, the security deposit fund will be withheld at a rate with no interest, from either the rent or the purchase price. If it is not approved, the money will be returned without interest. When making a purchase, the investor also pays a fee to the Industrial Zone development fund (which is 1% of the purchase price).
Refer to the Rents and Land Prices for more details on rent and land prices in industrial parks and zones.
Incentives for renting and purchasing land in industrial zones:
When applying to purchase land in industrial zones, buyers don't need to pay capital gains tax on land value appreciation or land taxes, and can also enjoy a preferential tax rate on industrial land.
Public Auction of Land
The selling prices of land in industrial zones will be determined, according to the cost of the development, by the Land and Building Price Evaluation Committee for Industrial Zones of the Industrial Development Bureau, MOEA. Prices will conform to the general market.
When selling land or buildings, the authorized sales units or management organizations are required to set up installment payment methods and payment periods according to the actual situation.
Under the current plan to expand upon rental incentive schemes in industrial zones, companies renting space in industrial zones are exempt from rental expenses for the first two years. In the third and fourth year of the lease, companies pay only 60%, while in the fifth and sixth year, they pay only 80%. When the company decides to purchase the building during the period of the lease, all the rent paid during the period will be deducted from the amount.
Renewal of the Lease
The term of the lease for a building or land in an industrial zone should not exceed 20 years. Tenants who follow the lease's stipulated agreements in good faith shall be given priority if they wish to renew their lease and therefore shall apply in writing to the authorities three months before the expiry of the original lease.
Deducting the Rent and Guarantee Deposit From the Selling Price
Tenants who have not violated any leasing agreements during the lease period and are interested in purchasing the rented land given the good operating conditions of the company should apply to purchase the land before the lease ends. On approval by the Competent Authority, the company's rent and guarantee deposit during the lease period will be deducted from the purchase price.
Detailed information can be obtained from IDB wbesite.
- What are the foreign exchange regulations of the ROC?CollapseForeign exchange in Taiwan is regulated according to the market, and capital flows enjoy a high degree of liberalization.
The following types of transactions have been fully liberalized:
◆Foreign exchange capital flows that do not involve NT dollar transactions have been fully liberalized
◆Foreign exchange capital flows (involving NT dollar exchange) related to commodities
◆Foreign exchange service expenditures (involving NT dollar exchange)
◆Capital transactions (involving NT dollar exchange) approved by the competent authority; includes direct investment and securities investment
Short-term fund flows fall under the following regulations:
◆Foreign exchange amount for companies and individuals shall not exceed US$50 million and US$ 5 million. Transactions should be processed directly at a banking institution.
◆Companies and individuals who wish to exchange an amount surpassing US$50 million and US$ 5 million, respectively, must first apply for permission from the Central Bank and process the transaction at a banking institution after receiving permission.
Non-residents may not engage in foreign exchange transactions exceeding US$100,000, and must process their transaction directly with a banking institution.
- How should foreign companies in Taiwan remit their funds?CollapseForeign and overseas Chinese investors should, in accordance with the Statutes for Overseas Chinese Investment and the Statutes for Foreign Investment respectively, fill their application forms (with investment plan and necessary certificates attached) and present it to the Competent Authority (the MOEA) for approval.
Overseas Chinese and Foreign investors, when remitting capital, or remitting outwards its investments, or interest earned on its investments or dividends, stake in the company approved to be sold, or money to be remitted as a result of increase or decrease in investment, should apply to the Competent Authority with related documents such as approval letters from the authorities and then proceed to the designated foreign exchange bank for remittance.