跨國境人口販運防制及被害人保護辦法

The Regulation is enacted pursuant to Article 46 of the Immigration Act (hereinafter referred to as "the Act").

1The prevention and operation launching against transnational human trafficking and victim protection in the Regulation include the following items:

21. The studies and enactment of policy, regulations, and projects on transnational human trafficking.

32. The crime investigation and indictment on transnational human trafficking.

43. Transnational human trafficking cases and the coordination & liaison, international information exchange, bilateral cooperation between countries and non-government organizations of transnational human trafficking cases with foreign affairs involved.

54. The studies and enactment of employment service policy, regulations, and projects on transnational human trafficking victims (hereinafter referred to as “victims”).

65. The coordination & liaison of transnational human trafficking affairs related to Mainland China, Hong Kong and Macau.

76. The medical diagnosis, checkups and evidence, psychological treatment, counseling, and treatments for victims.

87. The seizure and criminal transfer, identification and life protection for victims in transnational human trafficking cases.

98. The settlement, resource integration, transfer, and supervision for victims and guidance of placement institutions.

On items related to the prevention of transnational human trafficking, the competent authority and central competent authorities may subsidize domestic non-governmental organizations, and exchange information with international organizations or relevant institutions in the origin country of transnational human trafficking.

Law enforcement authorities and central competent authority of labor affairs shall set up the complaint channel for transnational human trafficking or a dedicated reporting telephone line.

1Policemen, immigration personnel, administrative workers, social workers, medical workers, civil affair workers, household registration workers, education workers, tourist workers, or other personnel related to the enforcement of translational human trafficking control, if discover suspected human trafficking incidents within the scope of executing duties, shall report to the local law enforcement authorities, by submitting the human trafficking victim report form.

2For persons other than those mentioned in the previous paragraph, if discover suspected human trafficking incidents, they may report to the local law enforcement authorities via the method stated in the previous paragraph or other approaches.

3The content of the report, the name, residency, domicile, and any other information which might be sufficient to reveal the identity of the communicator as mentioned in Paragraphs 1 and 2 shall be kept in confidential; unless other laws stipulate otherwise.

1After law enforcement authorities receive reports referred to in the previous article, case investigation shall be conducted immediately. If suspected victims are found, victim identification shall be conducted immediately.

2The law enforcement agencies shall inform the suspected victim, referred to in the previous paragraph, of his/her relevant rights, the case procedure, and protective measures.

Law enforcement agencies shall actively seize transnational human trafficking cases and investigate suspected locations where exploitations may occur.

The District Prosecutors Offices shall invite law enforcement authorities within the jurisdiction to held meeting on the investigation, coordination and liaison of transnational human trafficking every six (6) months. Extraordinary meetings may be convened if necessary.

If medical treatment is necessary to the suspected victim, law enforcement agencies shall inform the competent health authority in their jurisdiction, and assist such victim to the local hospitals to receive treatment and the screening for designated communicable diseases.

1Before victim identification referred to in Article 6 is completed, suspected victims shall be detained separately from those who violate the laws and regulations governing the entry and/or exit of the State.

2Once the suspected victim referred to in the previous paragraph is identified as a victim, measures specified in Article 12 shall apply. Article 38 of the Act, Paragraph 2 of Article 18 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area, and Paragraph 2 of Article 14 of the Act Governing Relations with Hong Kong and Macau shall not apply.

3Once a suspected victim passes the screening for designated communicable diseases, law enforcement agencies may assist him/her pursuant to Article 12 or other relevant regulations, to provide settlement or shelter.

During the criminal investigation of transnational human trafficking cases, the prosecutor shall conduct victim identification once he/she discovers a suspected victim. During the trial procedure, if the court finds a suspected victim, such person shall be transferred to and handled by the prosecutor in charge. If an identified victim needs to be settled down, law enforcement authorities shall coordinate with the placement institution and send the victim to the placement institution.

1Competent authorities shall provide victims the following services by themselves or through authorized private organizations:

21. Protection and settlement: to arrange or provide proper locations for placement.

32. Individual counseling program: crisis management, emotional support and care, individual safety plan, referral to psychological consulting, and medical assistance.

43. Legal assistance: to be present during the investigation and the trail and to offer relevant legal assistance.

54. Assisting the propaganda: to assist the introduction and relevant propaganda on transnational human trafficking issues.

65. Welfare service: welfare consulting and referral to various welfare resources.

76. Other services: accommodation and living care, interpreter service, occupational training, educational training, leisure and entertainment, and assistance on the return to his/her country.

Competent authorities may extend the period of visiting or residency to those transnational human trafficking victims, who hold a valid permit for visiting or residency, pursuant to the investigation or trial of the case.

1A victim, who has been issued a temporary permit for visiting by competent authorities pursuant to Paragraph 1 of Article 44 of the Act, may apply directly to the central competent authority of labor affairs for the employment permit, without the help from the employer. Once approved, he/she may work in the Taiwan area, provided that the period of employment permit shall not exceed the period of temporary permit for visiting.

2A victim who applies for the employment permit as referred to in the previous paragraph shall submit the following documents:

31. Application form.

42. The copy of the temporary permit for visiting, which is valid for more than thirty (30) days at the date of application.

For a victim who has been approved to work in the Taiwan area, if his/her period of temporary visiting expires and that an extended visiting period has been approved, he/she may apply for an extension on the employment permit, within thirty (30) days before the original expiration date on the temporary permit for visiting, by submitting the documents referred to in Paragraph 2 of the previous article to the central competent authority of labor affairs; provided that extended period of employment permit shall not exceed the extended period of temporary visiting.

1When a victim applies for the employment permit or the extension on the employment permit, if one of the following circumstances is met, the approval shall be withheld:

21. The valid period of the temporary permit for visiting is less than thirty (30) days at the time of application.

32. The temporary permit for visiting has been revoked or rescinded.

43. Application documents fail to comply with Paragraph 2 of Article 14; after the notice, the rectification or supplementation is still not done within the specific period stipulated.

54. Hand in misleading application documents.

6If a victim, who works in the Taiwan area, meets one of the conditions specified in Subparagraph 1, 2, or 4 of the previous paragraph, the employment permit or extended employment permit shall be revoked or rescinded.

Central competent authority of labor affairs shall notify the National Immigration Agency of the Ministry of the Interior on the issuance, revoke, or rescission of employment permit or extended employment for the victim.

Those who obtain victim’s name, birth date, residence, domicile, or any other information which might be sufficient to reveal victim’s identity within the scope of his authority or employment, shall keep the confidentiality, unless laws or regulations provide otherwise.

Advertisements, publications, broadcasting, television, electronic signals, the Internet, or any other kinds of media should neither report nor record the victim’s name nor any other information which might be sufficient to reveal his or her identity; provided that this does not apply in the case where a victim having behavioral capability gives permission or where the crime investigation authorities consider it to be necessary according to the law.

Once the judicial organ considers it unnecessary to continue the assistance on investigation and trial of the victim, the competent authority may coordinate relevant institutions or private organizations to contact the government organizations, foreign missions or foreign institutions in the Republic of China, non-governmental organizations of victim’s original country, or relatives of the victim, in order to send the victim back to his/her original country safely as soon as possible.

The Regulation shall be effective from the date of promulgation