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英譯法規內容

法規名稱(Title) Examination Directions of Entrepreneur Visa Qualification for Foreign Nationals Ch
公發布日(Date) 2019.12.19
法規沿革(Legislative) 1.Promulgated on June 29, 2015
2.Amended on December 18, 2015
3.Amended on April 26, 2017
4.Amended on December 19, 2019
法規內文(Content) 1. These directions have been drawn up in relation to the Executive 
   Yuan’s plan for the promotion of Entrepreneur Visa, to regulate the 
   qualification examination for the issuing of Entrepreneur Visa. 


2. When a foreign national applies for an Entrepreneur Visa, the 
   examination of the applicant’s qualification for the issuing of an 
   Entrepreneur Visa shall be conducted by the Investment Commission, 
   Ministry of Economic Affairs (hereafter referred to as “the Investment 
   Commission, MOEA”) in consultation with other relevant industry 
   competent authorities; other agencies may be invited to participate in 
   joint review where necessary.


3. A foreign national applying for an Entrepreneur Visa must meet 
   the following criteria:
(1) An individual applicant should comply with at least one of the 
    following criteria:
 a. The applicant has secured investment from a domestic or overseas 
    venture capital firm, secured investment from the Executive Yuan National 
    Development Fund Startup Angel Project, or obtained funding of at least 
    NT$2 million in investment (fund-raising) from a government-approved 
    domestic, foreign, or international startup fund-raising platform.
 b. The applicant has located itself at any point in the past year 
    or is now located within an international startup innovation park and 
    project which has been approved by the central or local government; or 
    in an incubator facility that is approved, directly ran, or recognized by 
    the central or local government, or has been rated or recognized by the 
    MOEA as a first-class incubator facility within the past five years.
 c. The applicant has been awarded an invention patent in a foreign 
    country or domestic invention or design patents, or can demonstrate other 
    evidence of professional expertise.
 d. The applicant has won an award in a leading domestic or overseas 
    business start-up or design competition, or has received approval to the 
    project of encouraging overseas entrepreneurs to invest in Taiwan from 
    government.
 e. The applicant who once stationed or is now stationing accelerator
    facility that is approved by related government institutions. 
 e. The applicant has ever been shortlisted or awarded in significant 
    domestic or foreign film festivals. 
 f. The applicant has ever been granted above NT$2 million subvention for 
    startup or related project by central government, or has ever been granted 
    above NT$1 million subvention for startup or related project by local 
    government.
 g. The applicant possesses such other innovation capability as may be 
    specified or recommended by the central competent authority.
 h. The applicant has already established an enterprise with the amount of 
    investment at least NT$1 million in Taiwan that meets the official criteria 
    for designation as a business start-up with innovation capability, and been 
    serving as the legal representative, manager or director of that enterprise.
(2) A team or group applicant:
 a. The applicant who has not yet established an enterprise in Taiwan 
    shall meet with at least one of Items a, b, c, d, e, f, g under Paragraph 
    (1) above.
 b. For the applicant who has already established an enterprise in 
    Taiwan that meets the official criteria for designation as a business 
    start-up with innovation capability, the members of the team or group shall 
    be serving as legal representative, executive officers or managers of the 
    enterprise, and the members of the team or group shall have invested a 
    combined total of at least NT$1 million in the enterprise.


 4. The term “enterprise that meets the official criteria for designation
    as a business start-up with innovation capability” as used in 
    the previous article refers to an enterprise that has been lawfully 
    registered under Taiwan’s Company Act or Commerce Registration Act for less 
    than five years, and meet at least one of the following applies. However, 
    enterprises that have received additional approval from the central competent 
    authority shall not be subject to the aforementioned five-year limit:
(1) The applicant has secured investment from a domestic or overseas 
    venture capital firm, meets the requirements in Article 23-2 of the Statute 
    for Industrial Innovation, secured investment from the Executive Yuan National 
    Development Fund Startup Angel Project, or obtained funding of at least NT$2 
    million in investment (fund-raising) from a government-approved domestic, 
    foreign, or international startup fund-raising platform.
(2) The enterprise is already listed on the Go Incubation Board for Startup 
    and Acceleration Firms (GISA, TPEx), Taipei Exchange (TPEx).
(3) The enterprise has either been awarded an invention or design patent 
    in Taiwan, or been transferred or licensed of invention or design patent rights 
    by the holder of a Taiwanese invention or design patentee and been registered 
    with the Intellectual Property Office, MOEA.
(4) The applicant has located itself at any point in the past year or is now 
    located within an international startup innovation park and project which has 
    been approved by the central or local government; or in an incubator facility 
    that is approved, directly run, or recognized by the central or local government, 
    or has been rated or recognized by the MOEA as a first-class incubator facility 
    within the past five years.
(5) The enterprise or its legal representative has won an award in a leading 
    domestic or overseas business start-up or design competition.
(6) The enterprise or its legal representative has ever been shortlisted or 
    awarded in significant domestic or foreign film festivals.
(7) The enterprise has ever been granted above NT$2 million subvention for 
    startup or related project by central government, or has ever been granted above 
    NT$1 million subvention for startup or anything relates to startup by local 
    government.
(8) The enterprise conforms to such other requirements as may be specified by 
    the central competent authority.
    Regarding the applicable scope of Items b, d, and e of Paragraph (1) of Article 3, 
    and of Paragraphs (4) to (6) of the preceding Articles, please refer to the 
   “official criteria for designation as a business start-up with innovation 
    capability” and the attachments thereto.


5. The concerning documents of Articles 3, 4 and 7, and the industry competent 
   authorities that must be invited to participate in qualification examination, are 
   shown in Appendix.


6. Application shall be submitted to one of Taiwan’s overseas representative 
   offices or to the Ministry of Foreign Affairs (MOFA) along with , the concerning 
   documents specified in Appendix , as well as a photocopy of a Taiwan R.O.C. visa 
   application form, and a photocopy of the applicant’s foreign passport or a 
   photocopy of Alien permanent residence permit; the overseas representative office 
   or the MOFA will pass the application on to the Investment Commission, MOEA for 
   examination.
   Where an application is submitted by a team or group, the application shall 
   be submitted by persons who jointly conform to one of the requirements specified in 
   Paragraph (2) of Article 3 above. If all of the team members conform to the 
   requirements for submission of an application by a single individual, then they may 
   submit a joint application on presentation of a Memorandum of Understanding (MoU). 
   The number of persons that may be included in a team or group application may not 
   exceed three persons, except in cases where special permission being given by a 
   joint-agency approval.


7. Initial validity for an approved Entrepreneur Visa shall not exceed one 
   year; however, when the applicant’s business enterprise in Taiwan meets at least 
   one of the criteria listed below, the applicant may apply for an extension. The 
   applicant shall submit the qualification review documents specified in Appendix to 
   the Ministry of the Interior, which will forward the application to the Investment 
   Commission, MOEA for examination. The maximum permitted period of each extension may 
   not exceed two years:
(1) The sales revenue of the applicant’s enterprise for the most recent year, 
    or the average for the most recent three years, is at least NT$3 million.
(2) The operating expenses of the applicant’s enterprise for the most recent 
    year, or the average for the most recent three years, is at least NT$1 million.
(3) The applicant’s enterprise employs at least three full-time Taiwanese 
    nationality employees.
(4) The applicant’s enterprise can demonstrate some other category of operational 
    performance that leads the industry competent authority to determine that the 
    enterprise is making a positive contribution to Taiwan’s economic development.


8. The provisions of these Directions shall apply mutatis mutandis to the 
   provision of assistance by the MOEA for the examination of applications for resident 
   visas in order to engage in entrepreneur activity that are submitted by residents of 
   Hong Kong or Macao to the Ministry of the Interior or to the Mainland Affairs Council 
   offices in Hong Kong and Macao.

 
圖表附件(Attachments)