Taiwan’s Habeas Corpus Act came into effect on 8 July 2014. The Act has important implications for foreign nationals in Taiwan because it requires judicial review of administrative detention by agencies such as the National Immigration Agency .
The Chinese-language United Daily News, for example, reported on 17 July that the Taoyuan District Court ordered the release of a Vietnamese migrant worker who had overstayed and had been held by the NIA in a detention facility since April. After a habeas corpus petition was filed on her behalf, the District Court ruled that her detention was unconstitutional and ordered her release. The Winkler Partners Translation Department has translated the Act as part of an ongoing project to release important but untranslated laws and regulations.
The translation is available for download here.
Based on a work at law.moj.gov.tw.
In early July, Taiwan’s Ministry of Labor amended its regulations governing work permits for foreign professionals to allow foreign graduates of Taiwanese universities to obtain work permits more easily. Previously, only an employer who was willing to pay the foreign graduate an average monthly salary of NT$37,619 could sponsor a foreign graduate for a work permit.
Under the new rules, the rigid minimum salary requirement has been replaced with a more flexible points system that awards points based on factors including compensation, language ability, and experience living abroad. If the foreign graduate scores 70 points, the employer can sponsor the student for a work permit for professional employment (‘specialized and technical work).
There is a quota of 2,000 work permits in the first year.
Although the new point system is not expected to increase the number of foreign professionals in Taiwan immediately, it is a very significant first step away from the minimum salary requirements that have discouraged Taiwanese employers from hiring foreign professionals.
The application period is 3 July 2014 to 2 July 2015. Application information in Chinese for employers is here.
As a public service, Winkler Partners has translated the eight-factor point system into English. It can be downloaded here.
Chen Hui-ling recently joined the Asian Privacy Scholars Network. The Asian Privacy Scholars Network aims to further the study of personal data protection, privacy, and surveillance in countries of the Asia-Pacific region, through conferences, publications and networking. It is predominantly comprised of academic scholars, but also includes government, NGOs and business and practitioners.
Hui-ling publishes regularly on Taiwanese privacy law and recently attended the Asia Cyber Liability Insurance Conference in Singapore.
We are looking for a communications coordinator. The successful candidate will likely have considerable experience in, and/or enthusiasm for, a bilingual, multicultural environment, flat management organisation that is constantly balancing the interests of our clients, colleagues and community. Other attributes will likely include social and other media fluency, good eye for connections (i.e., people and organisations, as well as how things connect), some fluency with numbers, interest in people and long term commitment to Taiwan (Taiwan and foreign nationals welcome to apply).
The successful candidate will have very strong English writing skills with near native fluency. Chinese skills are not required but highly desirable.
Please send a resume and anything else that you think will be helpful to evaluate compatibility to: email@example.com and firstname.lastname@example.org.
WP’s Mark McVicar spoke at a TMA Brunch on Cross-Cultural Communication during the INTA’s annual meeting in Hong Kong last month. His six tips for successful cross-cultural communication were featured in a recent edition of the INTA Daily.
The INTA’s annual meeting in Hong Kong was the first in Asia and drew more than 8,500 attendees from over 140 countries.
Asia IP recently analyzed a landmark Taiwan Intellectual Property Court case in which the IP Court extended copyright protection in Taiwan to adult films. In the article, WP partner Peter Dernbach comments on the IP Court’s public statements about the case and the prospects for civil damages for copyright infringement involving adult films in the future.
Greg Buxton has joined Winkler Partners as Of Counsel.
Greg brings 20 years of experience to the firm’s corporate transactional practice. His practice spans capital markets, mergers and acquisitions, private equity and venture capital investments, corporate restructurings, and a variety of other general corporate transactions.
Greg began his legal career in New York with Brown & Wood assisting global investment banks execute public and private offerings of debt and equity securities in the United States and abroad. While in New York, he also participated in the structuring and offering of retail derivative products for Merrill Lynch. Greg continued his capital practice markets practice in Hong Kong with Sidley Austin. More recently, Greg has focused his practice on mergers and acquisitions and private equity investments in Taiwan and China.
We also welcome our summer intern Shannon Yen. Shannon will be a 2L at the University of Virginia School of Law this fall.
Taiwan’s official portal for securities-related laws and regulations was recently updated with thirteen new or revised English translations by Winkler Partners.
The Winkler Partners Translation Department has produced the English translations of securities laws and regulations for the portal since 2002. The portal is updated twice a month with new and revised content.
Currently, the site contains 1,489 securities laws and regulations, 665 of which have been translated into English. The site also contains 6,824 administrative letters of interpretation and 2,199 court judgments.
- GreTai Securities Market Rules Governing the Use of the Gofunding Zone
- Regulations Governing the Go Incubation Board for Startup and Acceleration Firms
- Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals
- Procedures and Fees for Inquiry, Examination, and Issuance of Copies of Computer-
- Processed Personal Data in the Securities and Futures Industries
- Standards Governing the Security of Personal Data Files in the Securities and Futures Industries
- Taiwan Stock Exchange Corporation Rules Governing Information Filing by
- Companies with TWSE Listed Securities and Offshore Fund Institutions with TWSE Listed Offshore Exchange-Traded Funds
- GreTai Securities Market Procedures for Press Conferences Concerning Material
- Information of Companies with GTSM Listed Securities
- GreTai Securities Market Rules Governing Information Reporting by Companies with GTSM Listed Securities
- Establishment of an Information and Communications Security Inspection System for Futures Commission Merchants
- Directions for Futures Trading by Overseas Chinese and Foreign Nationals
Betty Chen and Andrew Mai recently joined the firm as trainee lawyers. Betty and Andrew are both graduates of National Taiwan University’s College of Law
Raphaël Soffer will become an associate in June. Raphaël joined the firm last September on part-time basis. He is admitted in Paris and New York. Raphaël is also an LLM candidate at National Taiwan University College of Law.
The Ministry of the Interior announced amendments to the Regulations Governing Visiting, Residency, and Permanent Residency of Aliens (the “Regulations”) on 22 April. The amendments took effect immediately.
The amendments primarily benefit the adult children of foreign residents who grew up in Taiwan. They are now able to apply for two three-year extensions of residency if they meet certain minimum residency requirements as minors and apply during the 30 days before expiration of a current Alien Residence Certificate. Regulations §§ 8-9. The ARC extensions do not confer work rights.
Foreign white collar professionals also now have up to six months of extended residency to seek new employment in Taiwan after a job ends. Regulations § 22. The foreign professional must apply for extension of residence to seek new employment before his or her ARC expires or is cancelled. During this period, the foreign professional cannot work until her new employer has obtained a work permit for her.
Graduates of Taiwanese universities may also apply for a six month extension of residency. Regulations § 22-1.
Below is a translation of the amendments to the Regulation provided as a public service to the international community in Taiwan.
Aliens applying for an extension of residency pursuant to paragraph 1, Article 31 of the Act, shall submit the following document and a photograph to the National Immigration Agency within thirty(30) days before the expiration of residency:
1. An application form;
2. The passport and the Alien Resident Certificate;
3. Other supporting documents.
An alien who is permitted to reside in the Taiwan region, is at least 20 years of age, and whose father or mother holds an Alien Resident Certificate or a Permanent Alien Resident Certificate may apply to extend residency if any of the following circumstances apply:
- [The alien] has lawfully accumulated ten years of residence and has lived in Taiwan for more than 270 days in each of those years;
- [The alien] entered Taiwan before the age of 16 and has lived in Taiwan for more than 270 days each year; or
- [The alien] was born in Taiwan, has lawfully accumulated ten years of residence. and has lived in Taiwan for more than 183 days in each of those years.
The alien in the preceding paragraph shall submit the following document and a photograph to the National Immigration Agency within thirty(30) days before the expiration of residency:
1. Application form;
2. Passport and the Alien Resident Certificate;
3. Documents proving relationship [to parent]
4. Other supporting documents.
The validity of Alien Resident Certificate issued to the following aliens shall not exceed one year:
1. Anyone undertaking study in a school, or a Chinese language institute affiliated with an university, registered with the education competent authorities;
2. Anyone undergoing study or training with the approval of the education or other competent authorities;
3. A foreign missionary or Buddhist preacher;
4. First-time applicant of residency based on the marriage to an citizen ROC national;
5. Any others for whom such residency is necessary.
Where the alien stated in subparagraph 1 of the preceding Article is a recipient of a university scholarship award under the special approval of the Ministry of Education, the validity of Alien Resident Certificate thereof shall be exempted from the one year restriction.
Where the alien in paragraph 2 of the preceding Article applies to extend that validity of an approved and issued Alien Residence Certificate, the effective period is extended for three years from the day following the expiration of the alien’s original period of residence. If necessary, the alien may apply for another extension once. The period [of the second extension] shall not exceed three years.
An alien, the residency for whom is granted based on the investment in Taiwan, the employment in Taiwan pursuant to subparagraphs 1 to 7 of paragraph 1 of Article 46 or Subparagraph 1 of Paragraph 1 of Article 48 of the Employment Services Act, or the special approval by the Ministry of the Foreign Affairs, under special circumstances may submitted a written explanation to extend the length of stay from the National Immigration Agency prior to the expiration of the residency; spouses and underage children of the aliens who have been verified for residency can also apply through the same process. Upon approval, applicants can leave the State six months after the expiration of the residency.
Before residency expires, an alien who has come to Taiwan to study may, if necessary, explain the alien’s reasons in writing and apply to the National Immigration Agency for an extension.
An alien who applies for an extension of residency under the preceding paragraph and is approved may have residence extended for six months from the day following the expiration of the previous period of residence.