No Support JavaScript

Ministry of Economic Affairs R.O.C.(Taiwan)
Laws and Regulations Retrieving System

Print Time:113.04.12 18:27

Content

Title: Review Directions of Entrepreneur Visa Qualification for Foreign Nationals Ch
Date: 2021.08.13
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
5.Amended on August 13, 2021
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 that has been physically stationed within one year, or is physically 
       stationing in, the following parks or startup incubators, and has been recommended by such 
      parks or startup incubators:
     (i).International start-up parks and projects approved by the central or local governments 
          in Taiwan. 
     (ii).The central or local government-operated startup incubators in Taiwan, or those 
           registered in the MOEA international startup incubators and approved and announced by the 
           MOEA.
     (iii).Foreign startup incubators recognized by the central or local governments in Taiwan.
  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 obtained plant variety rights, or animal name registration in 
      Taiwan, but does not include those implemented by rights assignment or authorization.
  e. 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. 
  f. The applicant has been shortlisted or awarded in indicative domestic/international 
      fashion shows, film festivals, international style awards.
  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 Directions of Recognition for Startups 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 Directions of Recognition for Startups 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 Directions of Recognition for Startups 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 obtained plant variety rights, or animal name registration in 
        Taiwan, but does not include those implemented by rights assignment or authorization.
(5)  The applicant that has been physically stationed within one year, or is physically 
       stationing in, the following parks or startup incubators, and has been recommended by such 
       parks or startup incubators:
   a.International start-up parks and projects approved by the central or local governments 
      in Taiwan. 
   b.The central or local government-operated startup incubators in Taiwan, or those registered 
      in the MOEA international startup incubators and approved and announced by the MOEA.
   c.Foreign startup incubators recognized by the central or local governments in Taiwan.
(6)    The enterprise or its legal representative has won an award in a leading domestic 
         or overseas business start-up or design competition.
(7)    The enterprise or its legal representative has been shortlisted or awarded in 
        indicative domestic/international fashion shows, film festivals, international style awards.
(8)    The enterprise conforms to such other requirements as may be specified by the central 
         competent authority.
        Regarding the applicable scope of Items b, e, and f of Paragraph (1) of Article 3, and of 
        Paragraphs (5) to (7) of the preceding Articles, please refer to the Directions of Recognition 
        for Startups 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.
Files:
Data Source:Ministry of Economic Affairs R.O.C.(Taiwan) Laws and Regulations Retrieving System