居住臺灣地區之人民受歧視申訴辦法

The Regulations is enacted in accordance with paragraph 3, Article 62 of the Immigration Act (hereinafter referred to as the Act).

Anyone residing in Taiwan Area, if discriminated against based on nationality, ethnicity, skin color, class, or birthplace, may petition the competent authorities for the resultant infringement of his/her rights, unless otherwise stipulated in other laws.

The petition shall be filed in writing by submitting a petition form or by transmitting an image file of the petition form via email, within one year from the day following the date on which the petitioner became aware of the infringement of rights due to discrimination. However, if more than five years have lapsed since the occurrence of the infringement, the petition shall not be accepted. For the purpose of calculating the time limit referred to in the preceding paragraph, the deadline shall be the date on which the competent authority receives the petition. Where the petition is submitted to the competent authority by registered mail, the deadline shall be the date shown on the postmark of the day of filing.

The petition shall contain the following items along with the signature(s) or seal(s) of the petitioner and/or his/her proxy: The petitioner’s name, date of birth, ID document number, residence address, and telephone number; The proxy’s name, date of birth, ID document number, residence address, and telephone number if a legal proxy acts on behalf of the petitioner; The identity of the defendant; Demands of the petition; Material facts and reasons of the petition; Documentary evidence if available; The date of the petition.

The petition and related documents shall be written and prepared in Chinese. For documents not written and prepared in Chinese, the competent authority may, if deemed necessary, notify the petitioner to provide a Chinese translation thereof.

For any petition in writing the does not satisfy the stipulations set forth in the two proceeding articles, but can be rectified, the competent authorities shall notify the petitioner to make the rectification within 20 days following notification.

After accepting the petition, the competent authority shall notify the defendant to defend himself/herself.

The competent authorities shall invite and convene the head of relevant authorities and departments, and impartial people to establish the Taiwan Area Residents Discrimination Petition Review Committee to adjudicate petitions.

The competent authorities shall review petitions principally based on documentary evidence. When necessary, the relevant authorities, petitioner, defendant, or interested party may be notified to appear at a specified location to provide testimony.

Any petition under one of the following circumstances shall be rejected: The petition in writing does not conform to the statutory format and cannot be rectified, or is not rectified within the specified period. The period specified in Article 3 for filing the petition has already lapsed; The petitioner has no legal capacity and no proxy to act on his/her behalf to file the petition, a condition which has not been rectified within the specified period; A remedy has been stipulated in other laws; The petition, for which a decision has been made or which has been rejected, is presented again.

The competent authorities shall reach a decision on the petition within 3 months following the day of the filing.

The competent authority shall notify the petitioner and the defendant of the decision reached on the petition.

The effective date of the Regulations shall be determined by the Ministry of the Interior.