(4) A company limited by shares, of which the chairman of the board and at least half of the directors are the citizens of Taiwan and at least half of the capitals are owned by citizens of Taiwan. However, in case the ships of such company are engaged in international voyages, its capitals owned by citizens of Taiwan shall exceed half of total capitals, and the number of directors who are citizens of Taiwan shall exceed half of the total number of directors.
(5) A legal person, which is organized under the laws of Taiwan, with main office situated within Taiwan and at least two-thirds of its members and the statutory representative of such an entity being the citizens of Taiwan.
3. Requirements for hiring foreign seafarers are as follows:
(1) A Taiwanese ship owner or operator hiring foreign seafarers shall apply to the competent authority for permission.
(2) For Class A crewman, deck department and engineering department may each hire one foreign seafarer to take the position other than captain and chief engineer
(3) For Class B crewman, the number of foreigners shall not exceed two thirds of the total number of Class B crewman of a ship.
(4) Seafarers shall not be less than 18 years of age.
(5) The employment of foreign seafarers shall be limited to one year, which may be extended once for another one year.
8.
Sector: Transport services
Sub-Sector: Road transport services
Industry Classification:
Provisions Concerned: Article 3
Level of Authority: Central
Measures: Article 35 of Highway Law of January 27, 2010
Description: Foreigners or unincorporated legal entities of Taiwan may not invest in bus transportation providers, urban bus transportation providers, tour bus transportation providers and taxicab transportation providers within Taiwan.
9.
Sector: Transport services
Sub-Sector: Air transport services General aviation services (specialty air services): enterprises for compensation or hire engaging in tourism, survey, photographing, fire-fighting and searching, paramedic, hauling and lifting, spraying and dusting, drone-hauling service, business charter, as well as those authorized and other than air transport of passengers, cargo and mail engaged by the civil air transport enterprises Airport ground handling services Catering services
Industry Classification:
Provisions Concerned: Article 3 Article 7
Level of Authority: Central
Measures: Article 10, 11, 49, 65 (referring to 49), 74-1, 77 (referring to 74-1) and 81 of Civil Aviation Act of January 23, 2009
Description: Only air carriers that are registered as air carriers of Taiwan may operate aircraft in domestic air service within Taiwan(cabotage) and may provide international scheduled and non-scheduled air service as air carriers of Taiwan.
Only aircraft that is registered in Taiwan is allowed to conduct specialty air services (general aviation) within Taiwan.
Only corporations of Taiwan are allowed to provide airport ground handling services and catering services in Taiwan. However, if otherwise provided for under a treaty or other written arrangement, a foreign air carrier may self-handle its ground services and catering services in Taiwan.
An air carrier or corporation of Taiwan means:
1. an unlimited company with the entire body of its shareholders being citizens of Taiwan.
2. a limited company with over 50% of capital owned by citizens or legal persons of Taiwan and represented by directors who are citizens of Taiwan.
3. a company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are citizens of Taiwan.
4. a company limited by shares with over 50% of its total shares owned by citizens or legal persons of Taiwan, whose chairman and over 50% of the directors are citizens of Taiwan; provided that no single foreigner may hold more than 25% of its total shares.
An aircraft that has "the registration of Taiwan" means it is owned and registered by:
1. citizens of Taiwan.
2. agencies of the authorities of Taiwan.
3. the following legal persons who have a principal office in Taiwan in accordance with laws of Taiwan:
(a) Unlimited company completely owned by citizens of Taiwan.
(b) Limited company with over 50% of capital owned by citizens or legal persons of Taiwan and represented by directors who are citizens of Taiwan.
(c) Company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are the citizens of Taiwan.
(d) Company limited by shares with over 50% of its total shares owned by citizens of Taiwan or legal persons of Taiwan, whose chairman and over 50% of the directors are citizens of Taiwan; provided that no single citizen of a foreign country may hold more than 25% of its total shares.
(e) Other legal persons whose representatives are citizens of Taiwan.
In addition, any foreign aircraft purchased from a foreign country on conditional terms by citizens and legal persons of Taiwan or agencies of the authorities of Taiwan pending entitlement of ownership, or any such aircraft leased from a foreign country for a period more than six months, may obtain "the registration of Taiwan " if its registration in the foreign country has been duly de-registered, provided the purchaser or lessee is responsible for operating such aircraft and employing the required personnel and equipment.
10.
Sector: Transport services
Sub-Sector: Airfield management and operation
Industry Classification:
Provisions Concerned: Article 3 Article 7
Level of Authority: Central
Measures: Article 10 and 29 of Civil Aviation Act of January 23, 2009
Description: The airfield may be established by legal person who has a principal office in Taiwan in accordance with laws of Taiwan and comply with the following rules:
1. Unlimited company with the entire body of its shareholders being citizens of Taiwan.
2. Limited company with over 50% of capital owned by citizens or legal persons of Taiwan and represented by directors who are citizens of Taiwan.
3. Company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are citizens of Taiwan.
4. Company limited by shares with over 50% of its total shares owned by citizens or legal persons of Taiwan, whose chairman and over 50% of the directors are citizens of Taiwan; provided that no single foreigner may hold more than 25% of its total shares.
5. Other legal persons whose representatives are citizens of Taiwan.
The operators and managers of an airfield shall be citizens of Taiwan.
11.
Sector: Transport services
Sub-Sector: Airport management and operation
Industry Classification:
Provisions Concerned: Article 3 Article 7
Level of Authority: Central
Measures: Article 28 of Civil Aviation Act of January 23, 2009
Description: In addition to airports owned by the authorities of Taiwan, private companies limited by shares is also allowed to establish and operate airports, provided that over 50% of its total shares shall be owned by citizens or legal persons of Taiwan, whose chairman and over 50% of the directors are citizens of Taiwan; and no single foreigner may hold more than 25% of its total shares.
12.
Sector: Communications
Sub-Sector: Telecommunications Services
Industry Classification:
Provisions Concerned: Article 3 Article 7
Level of Authority: Central
Measures: Article 12 of Telecommunications Act of July 11, 2007 Article 5 of Regulations for Administration on Satellite Communications Services of June 4, 2010
Description: The chairman of the Board of a Type I telecommunications enterprise shall be a citizen of Taiwan.
The total direct shareholding by foreigners may not exceed 49%, and the sum of direct and indirect shareholding by foreigners may not exceed 60%.
The percentage of indirect shareholding by foreigners shall be calculated by multiplying the percentage of shareholding by legal persons of Taiwan in the Type I telecommunications enterprise by the percentage of shareholding or capital paid by foreigners in the said domestic legal persons.
A Type I telecommunications enterprise shall be a company limited by shares incorporated pursuant to the Company Law.
The total direct shareholding by foreigners in Chunghwa Telecom Co., Ltd. may not exceed 49%, and the sum of direct and indirect shareholding by foreigners in Chunghwa Telecom Co., Ltd. may not exceed 55%, which is subject to change by announcement promulgated by the authority in charge.
Foreign Mobile Satellite Service (MSS) operators shall be able to provide service by entering into a cooperation contract with a domestic satellite communication operator or International Network Business of Fixed Network Telecommunications Services. The domestic satellite communication operator or International Network Business of Fixed Network Telecommunications Service agent shall represent to promote MSS within Taiwan.
In accordance with the provision of Paragraph 1, Article 5 of Regulations for Administration on Satellite Communications Services, domestic satellite communication operators or International Network Business of Fixed Network Telecommunications Services who promote MSS in Taiwan, on behalf of foreign MSS operators, shall provide a service contract with users, and shoulder contract obligations together with foreign MSS operators.
13.
Sector: Communication services
Sub-Sector: Radio and Television Services
Industry Classification:
Provisions Concerned: Article 3 Article 7
Level of Authority: Central
Measures: Article 5 and 19 of Broadcasting and Television Act of June 14, 2006 Article 19, 20, 21 and 43 of Cable Radio and Television Act of January 29, 2007 Article 9, 10 and 15 of Satellite Broadcasting Act of December 24, 2003
Description:
1. Foreign investments are subject to the following restrictions:
(a) Foreign investment in radio broadcasting and television stations is prohibited.
(b) Foreign investment in cable radio and television systems shall be less than the following thresholds:
(1) total shares directly held by foreign shareholders: 20%.
(2) total direct and indirect foreign investment: 60%.
(c) Foreign investment in satellite broadcasting business shall be less than 50% of total shares issued.
2. Domestically produced programs shall not be less than the following thresholds:
(a) Terrestrial radio and television: 70%.
(b) Cable radio and television: 20%.
The above-mentioned percentages shall be calculated on the basis of the total number of hours of program transmission on the activated channels of a system operator.
3. The chairman and at least two-thirds of the board of directors of a company operating a cable radio and television system shall be citizens of Taiwan.
4. The organization of a satellite broadcasting business shall be a company limited by shares or a foundation.
5. The organization operating a cable radio and/or television system shall be a company limited by shares.
6. The authorities of Taiwan and political parties, as well as foundations established with their endowments, and those commissioned by them, shall not directly or indirectly invest in satellite broadcasting businesses, radio broadcasting and television, and cable radio and television systems.
7. The following shall apply to cable radio and television system operators, their affiliates, and their directly or indirectly controlled system operators: the number of subscribers shall not exceed one-third of the total number of subscribers in Taiwan; the number of system operators shall not exceed one-half of the total number of system operators in an administrative district; however, this limitation shall not apply to an administrative district where there is only one system operator; and the number of system operators shall not exceed one-third of the total number of system operators in Taiwan.
8. A foreign satellite broadcasting business that engages in service operations in Taiwan shall establish a branch office in Taiwan. A foreign satellite broadcasting business that engages in program supply operations in Taiwan shall set up a branch office or agent in Taiwan.
14.
Sector: Health related and social services
Sub-Sector: Hospital services
Industry Classification:
Provisions Concerned: Article 3 Article 7
Level of Authority: Central
Measures: Article 41-3 of Physicians Act of May 13, 2009 Article 41-3 of Pharmacists Act of January 26, 2011 Article 58-2 of Physical Therapists Act of January 29, 2007 Article 58-1 of Occupational Therapists Act of January 29, 2007 Article 60-1 of Medical Laboratory Technologists Act of January 29, 2007 Article 60-1 of Medical Radiology Technologists Act of January 29, 2007 Article 55 of Dietitians Act of May 5, 2004 Article 55 of Dental Technicians Act of January 23, 2009 Article 17 and 55-3 of Nurses Act of January 29, 2007 Article 59 of Midwives Act of July 2, 2003 Article 57 of Hearing Specialists Act of January 23, 2009 Article 57 of Speech Therapists Act of July 2, 2008 Article 60 of Psychologists Act of November 21, 2011 Article 3, 4, 5, 43 and 50 of Medical Care Act of May 20, 2009
Description:
1. Medical services Medical services should be provided by persons with medical licenses issued by the authorities of Taiwan. Only after obtaining license to practice, foreigners may only be employed in a hospital, but are not allowed to set up clinics, pharmacy, physical therapy clinic, occupational therapy clinic, clinical laboratory, medical radiation clinic, dental laboratory, nursing institution, midwifery institution, hearing therapy clinic, speech therapy clinic, psychological therapy clinic, psychological counseling clinic.
2. Hospital services
(a) Medical care corporate:
The directors of medical care corporate shall be limited to nine to fifteen persons, in which no less than one-third shall be licensed physicians or other medical personnel.
No more than one-third of the total number of directors shall be foreigners. No more than one-third of the total number of directors shall be blood relatives or relatives by marriage of three degrees or closer of other directors.
Directors shall personally attend the board of directors meeting, and shall not authorize an agent to represent him/her.
(b) Medical care corporation:
The directors of medical care corporations shall be limited to three to nine persons, in which no less than two-thirds shall be physicians or other medical personnel.
No more than one-third of the total number of directors shall be foreigners. Furthermore, foreigners shall not be the chairperson.
Medical care corporations shall establish supervisors, the number of which shall not exceed one-third of the number of directors.
Supervisors shall not serve concurrently as a director or employee.
Directors shall personally attend the board of directors meeting, and shall not authorize an agent to represent him/her.
3. Nursing services
Foreigners and overseas Chinese who pass the nursing personnel qualification examination and acquire the nursing personnel certificate can practice the functions of nursing personnel in Taiwan.
Foreigners and overseas Chinese who pass the nursing personnel qualification examination and acquire the nursing personnel certificate and senior nurse qualification can open a nursing institution in Taiwan.
Private nursing institution subordinate to hospital should be established only by medical care corporate or medical care corporations, and at least two-thirds of the board of directors should be the citizens of Taiwan. Foreigners shall not be the chairperson of medical care corporations.
15.
Sector: Fisheries and Aquaculture
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3
Level of Authority: Central
Measures: Article 5 of the Fisheries Law of January 9, 2008
Description: Only the citizens of Taiwan may qualify as fishery operators (including those engaging in aquaculture business), hereunder unless a foreign national may obtain the approval from the central competent authority to operate fisheries in cooperation with any fishery operator of Taiwan.
16.
Sector: Agriculture, Animal Husbandry, and Forestry
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3
Level of Authority: Central
Measures: Article 7 of the Statute for Investment by Foreign Nationals of November 19,1997 Negative List for Investment by Overseas Chinese and Foreign Nationals of May 16, 2008
Description: Foreign investment is not allowed in forestry, wood logging and hunting industries.
Other industries in which foreign investment is conditionally restricted are listed below. Applications will be subject to approval by the Council of Agriculture (COA) of Taiwan, and determined on a case-by-case basis:
1. Agriculture: cultivation on rice, dry land food crops, special crops, vegetables, fruits, mushrooms, sugar-cane, flowers and other agricultural and horticultural products;
2. Animal husbandry: raising of cattle, hogs, chickens, ducks and other animal husbandry.
17.
Sector: Public Welfare Lottery
Sub-Sector:
Industry Classification:
Provisions Concerned: Article 3 Article 4
Level of Authority: Central