就業保險失業者創業協助辦法

These Regulations are enacted pursuant to Paragraph 4, Article 12 of the Employment Insurance Act (hereinafter referred to as the “Act”).

1Insured persons under the Employment Insurance who become unemployed and intend to start their businesses (hereinafter referred to as the “Entrepreneurs”) may apply to the Ministry of Labor (hereinafter referred to as the “MOL”) for start-up assistance, which includes the following:

21. Entrepreneurial counseling and adaptive assessment.

32. Entrepreneurship training courses.

43. Start-up loans (hereinafter referred to as the “loan”) and interest subsidies.

54. Other relevant measures.

6The aforementioned items may be delegated by the MOL to its own subordinate agencies (institutions) or commissioned to relevant institutions, schools, organizations, legal persons, or business entities.

To carry out entrepreneurial counseling and adaptive assessment, the Ministry of Labor (MOL) may recruit consultants, arrange counseling sessions according to the needs of the entrepreneurs, and provide appropriate consultant fees.

1To conduct entrepreneurial training courses, the MOL may arrange both in-person and online courses to equip entrepreneurs with knowledge in business operations, finance, marketing, and other areas related to entrepreneurship. Enterprise observation or internship opportunities may also be arranged when necessary.

2The hours an entrepreneur completes in the aforementioned training courses shall be certified by the Ministry of Labor through a certificate of study hours.

3Where entrepreneurial courses are implemented by the MOL’s subordinate agencies (institution) or commissioned to relevant agencies (institution), schools, groups, legal persons or institutions, the certificate shall be issued by those said organizations.

1Entrepreneurs applying for the loan shall meet all of the following qualifications:

21. Have received entrepreneurial counseling and adaptive assessment from the MOL.

32. Have participated in entrepreneurial training courses provided by the MOL or government agencies (institution) for at least 18 hours within the past three years.

43. Be registered as the person responsible for the business and operating the business.

54. Have no employment insurance enrollment record and not be the responsible person of any other business within 14 days before the registration date.

1The businesses referred to in Subparagraph 3 of the preceding article shall meet any of the following conditions:

21. Have completed company registration, business registration, or limited partnership registration in accordance with the law.

32. Be institutions such as child day care centers, kindergartens, after-school care centers, or short-term tutoring centers, and have completed establishment registration in accordance with the law.

43. Be small businesses exempt from registration under Article 5 of the Business Registration Act, and have completed tax registration in accordance with the law.

1The loan amount for an applicant’s entrepreneurial plan shall be determined as follows:

21. For businesses that fall under Subparagraph 1 or 2 of the preceding article, the maximum loan amount shall be NT$2 million.

32. For businesses that fall under Subparagraph 3 of the preceding article, the maximum loan amount shall be NT$500,000.

4The loan term for each loan shall not exceed seven years. The borrower shall repay the principal and interest in equal monthly installments. However, with the consent of the lending financial institution, the MOL may grant a grace period of up to one year during each loan term with only interest payments are required.

1Applicants for the loan shall submit an application form along with the following documents and information to the MOL:

21. Employment insurance enrollment record of the insured person.

32. A business plan.

43. Photocopies of registration and tax registration certificates issued by the competent authority for the business.

54. Photocopy of both sides of the National Identification Card.

65. Photocopies of comprehensive credit reports issued by the Joint Credit Information Center within the past three months for both the applicant and the business.

76. The original Affidavit for Entrepreneurial Loans for the Unemployed under Employment Insurance.

87. Photocopies of documentary proof of course hours in entrepreneurial training programs provided by the MOL or government agencies (institution).

98. Other supporting documents as required by the MOL.

1Where a loan applicant has been approved for a loan (hereinafter referred to as the “borrower”), they may reapply for the loan for the same business during the loan period. However, such reapplication is limited to two additional times.

2For borrowers who reapply under the preceding paragraph, the total amount granted across the first, second, and third loans shall not exceed the maximum loan amount specified in each subparagraph of Paragraph 1, Article 7.

3Borrowers who reapply for the loan are exempt from submitting the documents and information specified in Subparagraphs 1 and 7 of Paragraph 1, Article 8.

This loan shall be provided by the lending financial institutions using their own funds.

1The loan interest rate shall be calculated based on the two-year floating interest rate of time deposits set by Chunghwa Post Co., Ltd., plus an annual interest rate of 0.575%.

2The interest for the first three years of each loan shall be fully subsidized by the MOL. From the fourth year onward, if the annual interest rate exceeds 1.5%, the MOL shall subsidize the difference. However, if the annual interest rate is 1.5% or lower, the borrower shall bear the full actual interest.

The purpose of the loan is limited to the purchase or lease of factories, business premises, machinery, equipment, or as working capital.

1To review loan applications, the MOL shall establish a Review Committee composed of five to eleven members. One member shall serve as the convener and shall be concurrently appointed from MOL personnel. The remaining members shall be appointed by the MOL from among the following:

21. One representative from the Small and Medium Enterprise Credit Guarantee Fund of Taiwan (hereinafter referred to as the “SMEG”).

32. Two to seven representatives from lending financial institutions.

43. One to two experts or scholars.

5Among the members mentioned in the preceding paragraph, the proportion of either gender shall not be less than one-third.

6Members of the Review Committee shall serve without remuneration. However, representatives from lending financial institutions and experts or scholars may be paid attendance and transportation fees in accordance with relevant regulations.

1Members of the Review Committee shall attend meetings in person and may not appoint proxies.

2Review Committee members shall keep confidential all information obtained during the review process.

1Review Committee meetings shall only be convened with the attendance of more than half of all committee members.

2If, upon review, the Review Committee determines that the applicant must provide additional explanations or submit relevant documents or information, the applicant shall comply within 30 days from the date following the date of receiving notification by the MOL; failure to do so within the deadline shall result in the loan not being approved.

3The review decision of each loan application must be approved by a majority of the attending committee members.

4The results of the Review Committee’s decision shall be issued to the applicant in the form of a written notification by the MOL.

1A member of the Review Committee shall recuse himself or herself and shall not participate in the review in any of the following circumstances:

21. The member or his/her spouse currently holds or held any position in, or provided entrepreneurial counseling to, the loan applicant’s business, and was dismissed or resigned from such role less than one year prior.

32. The member or his/her spouse is related by marriage, lineal relative, or collateral relative within the third degree to the person responsible for the applicant’s business, a director, supervisor, manager, or shareholder holding more than 10% of shares.

43. The member or his/her spouse shares a joint business or profit-sharing relationship with the person responsible for the applicant’s business, a director, supervisor, manager, or shareholder holding more than 10% of shares.

54. Any other circumstances set forth in Article 32 of the Administrative Procedure Act that require recusal.

1Where a loan applicant or their business is found to fall under any of the following circumstances, the loan shall not be approved. If a review result notification has already been issued, it may be revoked or annulled:

21. Where an inquiry with the bill clearinghouse reveals that the loan applicant is subject to a sanction of denial of dealings, or that the number of dishonored cheques or promissory notes that remain unsettled has reached the threshold for such sanction.

32. Where, upon inquiry with the Joint Credit Information Center or during the credit assessment process, it is discovered that the applicant has overdue principal not yet repaid, has failed to make scheduled installment payments for more than one month, has unpaid interest overdue by more than three months, or has overdue credit card payments resulting in forced card suspension by the issuing bank, and the overdue amount has not yet been settled.

43. Where any documents or materials submitted in connection with the loan application are found to be concealed or false.

54. Where any of the conflict-of-interest situations described in the preceding article apply to the applicant and the applicant’s reliance is deemed unworthy of protection.

65. Where the applicant has previously received loans from the MOL in accordance with Directions of the Phoenix Micro -Enterprise Start-up Loan or Start-up Loan Regulations for the Unemployed Middle-Aged and Elderly Persons. However, this restriction shall not apply if the prior loan has been fully repaid.

1Where a loan application has been approved upon review, the applicant shall complete loan processing with the lending financial institution within three months from the date of receipt of the review result notification.

2If the applicant is unable to complete the loan process within the period specified in the preceding paragraph, they may apply to the MOL for an extension before the period expires, stating the reason. The extension shall not exceed three months and may be granted only once.

3Lending financial institutions, when processing loans under this program, shall conduct reviews in accordance with the preceding article and verify whether the applicant’s business has been suspended, closed, or undergone a change of responsible person.

4Lending financial institutions shall complete the loan review and disbursement within 14 days from the date following the date of applicant’s visit to the institution pursuant to Paragraph 1.

5Where a lending financial institution fails to complete the review and disbursement within the period prescribed in the preceding paragraph, it shall explain the reason to the MOL.

If a loan application has been reviewed and approved by the Review Committee but is returned by the lending financial institution or the loan amount is adjusted, the MOL may convene a coordination meeting with the lending financial institution, the SME Credit Guarantee Fund (SMEG), and the borrower to negotiate and resolve the matter.

1The performance guarantee obligation for handling this loan shall be supported by funds appropriated by the MOL in accordance with Paragraph 3, Article 12 of the Act and donated to the SMEG. The SMEG shall also contribute an equivalent matching fund.

2Where the donations and matching funds described in the preceding paragraph are insufficient to cover the performance guarantee obligations required for this loan, the MOL and the SMEG shall respectively make up their allocated shares.

3Borrowers shall apply for credit guarantees following the SMEG’s relevant regulations. The guarantee coverage ratio shall be 95%, and borrowers shall pay a guarantee fee under the annual rate set by the SMEG.

4This loan is exempt from requirements to provide guarantors or collateral.

Lending financial institutions shall not charge the borrower any fees other than the credit guarantee fee and necessary credit inquiry fees.

1Interest subsidies for this loan shall be applied for by the lending financial institution to the MOL monthly.

2The lending financial institution shall, on a monthly basis, compile and submit the borrower’s monthly repayment details, overdue collections, compulsory enforcement and related information to the MOL as the basis for disbursing the interest amount of the subsidies.

1Where the borrower’s business falls under any of the following circumstances, the MOL shall stop the interest subsidy from the date of the occurrence of the fact. If any subsidies have already been disbursed, the lending financial institution shall notify the borrower to repay the overpaid subsidy interest and return it to the MOL:

21. Suspension or closure of the business.

32. Change of the responsible person.

4If the borrower’s business is suspended during the subsidy period but has continued to repay loan principal and interest in accordance with regulations, and subsequently completes resumption registration, the lending financial institution may apply to the MOL for resumption of interest subsidy from the date of business resumption until the original subsidy period expires.

1If the borrower is in arrears on loan principal and interest for six months, the interest subsidy shall be suspended starting from the first month of delinquency. If any subsidies have already been disbursed, the lending financial institution shall notify the borrower to repay the overpaid subsidy interest and return it to the MOL.

2In the case described above, once the borrower repays the outstanding principal and interest and resumes regular repayment, the MOL may resume the subsidy. However, the resumed subsidy period shall not exceed the originally approved subsidy period.

3If the borrower repays the outstanding principal and interest within six months and resumes regular repayment, they may be regarded as a normal borrower and continue to receive interest subsidies.

If a lending financial institution fails to conduct the verification procedures required under Paragraph 3, Article 18, and the borrower is found to meet any of the conditions set forth in Subparagraphs 1 or 2 of Article 17 or in Paragraph 1 of Article 23, the institution shall return the disbursed interest subsidy to the MOL.

1If the borrowers suffer a disaster as defined under the Disaster Prevention and Protection Act, or a socioeconomic catastrophe recognized by the MOL, they may apply to the lending financial institution within six months from the date of the disaster occurrence or the official recognition announcement of the catastrophe for either of the following:

21. Postponement of loan principal and interest payments for up to six months.

32. Extension of the loan repayment period for up to six months.

4The MOL may, based on the nature, scope, and severity of the disaster or the catastrophe, publicly announce an extension of the application or repayment periods set out in the preceding paragraph.

5Borrowers applying under Paragraph 1 shall submit one of the following supporting documents:

61. A disaster victim certificate issued by the Special municipality, county (city) government, or township (town, city, or district) office.

72. A certificate showing that the borrower was injured or fell ill as a result of the disaster.

83. A certificate of serious injury or death of the borrower's spouse, lineal relatives, or the spouse’s lineal relatives due to the disaster.

1The Ministry of Labor and the Small and Medium Enterprise Credit Guarantee Fund of Taiwan may, in coordination with relevant agencies, conduct on-site visits to inspect the business operations of the borrower and the handling of loan services by the lending financial institutions.

2The inspection tasks described in the preceding paragraph may be entrusted to non-governmental organizations.

1In any of the following circumstances, the MOL may revoke or annul the issued review result notification and shall not grant any interest subsidy. If subsidies have already been disbursed, the lending financial institution shall notify the borrower to repay the overpaid subsidy interest and return it to the MOL:

21. Evasion, obstruction, or refusal of inspections conducted by the MOL and relevant agencies.

32. Violation of the provisions of these Regulations.

43. Other serious violations of relevant labor laws and regulations.

Lending financial institutions, the SMEG, and all levels of responsible personnel handling this loan shall be exempt from liability for damages arising from bad debts unless caused by intentional act, gross negligence, or unlawful conduct.

Entrepreneurs counseled by the MOL or units assisting in the promotion of entrepreneurial services who are rated as having excellent performance through MOL evaluations may be recognized and rewarded.

The funds required under these Regulations shall be provided from the appropriations made pursuant to Paragraph 3, Article 12 of the Act.

The formats of documents and forms required under these Regulations shall be prescribed by the MOL.

These Regulations shall come into force on the date of promulgation.