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Introduction

列印圖示

To make provision for the recruitment and employment of foreign talent, the Foreign Professionals Act distinguishes between the three categories of foreign professional, foreign special professional, and foreign senior professional, based on level of professional qualifications. Among these, foreign special professionals are defined as foreign professionals who possess special expertise needed by Taiwan in science & technology, the economy, education, culture & the arts, sports, finance, law, architectural design, national defense, and other fields, as announced by the central competent authority of the industry concerned, or whom the NDC, in consultation with the central competent authority of the industry concerned, recognizes as possessing special expertise.

To resolve the issue of determining whether a foreign professional’s special expertise can be recognized as falling within the qualifying requirements of one of the specified fields, provision has been added to Article 4 Subparagraph 2 of the Foreign Professionals Act to stipulate that the Competent Authority (the NDC), in consultation with the relevant central competent authority of the industry concerned, may also recognize someone as possessing appropriate special expertise to qualify as a foreign special professional.

Currently, the fields that the various central competent authorities have already locked in as targets for recruiting foreign special professionals to come to Taiwan, to speed up the transformation and upgrading of domestic industries, include:

  1. The field of science & technology (amended on September 16, 2022)
  2. The field of the economy (amended on May 11, 2021)
  3. The field of education (amended on December 17, 2021)
  4. The field of culture & the arts (amended on May 10, 2021)
  5. The field of sport (amended on December 26, 2022)
  6. The field of finance (amended on December 15, 2020)
  7. The field of law (amended on October 22, 2020)
  8. The field of architectural design
  9. The field of national defense
  10. The field of digital(May 5, 2023)
  11. Special cases that, with consultation, are recognized by the NDC.
 

In respect of the conditions for qualification as a foreign special professional, as announced by the respective central competent authorities, the condition of “previously or currently holding a position in a foreign state or in the ROC with a most recent monthly salary of at least NT$160,000” has been clarified by the Ministry of Labor in the letter Lao-Dong-Fa-Guan-Zi No. 10805114652 dated November 5, 2019, as follows: 
 
Most recent monthly salary of at least NT$160,000 means a monthly salary or average monthly salary of NT$160,000 or above within the three years preceding the month of the application; documentary proof of salary or tax payment means one of the following:

  1. Salary withholding certification or tax certification. But if such certification cannot be presented owing to provisions of tax law, it may, after explanation of the tax law provisions preventing its presentation, be replaced by employer’s certification.
  2. The employment contract of intended future employment in the ROC.

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Documents not made in Mandarin or English shall be attached with translations.
Documents issued in the Mainland area have to be attested and examined by the institutions instituted or appointed by the Executive Yuan, or non-governmental organizations entrusted by the Executive Yuan (Strait Exchange Foundation) in accordance with the rule in Article 7 of“Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area”;Documents from the following countries/regions must be verified by an overseas ROC representative office: Afghanistan, Algeria, Bengal, Bhutan, Myanmar, Cambodia, Cameroon, Cuba, Ghana, Iran, Iraq, Laos, Nepal, Niger, Nigeria, Pakistan, Senegal, Somalia, Sri Lanka, Syria, Philippines, Thailand, Vietnam, Malaysia, and Indonesia.




 
  • Related File(s)
    1. Qualification of Foreign Special Professionals
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