Regulations Governing Alien Detention
Article 1
The Regulations are enacted pursuant to Article 39 of the Immigration Act (hereinafter referred to as "the Act").
Article 2
Alien detention shall be implemented in alien detention centers, temporary detention centers set up by the National Immigration Agency of the Ministry of the Interior (hereinafter referred to as the "National Immigration Agency"), or other proper locations designated by the National Immigration Agency under necessary circumstances (hereinafter referred to as "the detention center").
Article 3
Upon entering a detention center, each detainee shall have a body security inspection, and have his/her fingerprint pressed and photograph taken by detention center officers. If the detainee is a woman, the inspection shall be conducted by female officers.
Male detainees shall be separated from female detainees in detention centers. If a detainee is found to be a transgender, he/she will be detained separately in a solitary room in detention center (according to the gender showing on his/her identification certificate).
Article 4
Except for daily necessities, articles carried by a detainee shall be examined and put in the custody of a detention center. A Personal Property Record shall be made by the duty officer upon receiving such articles. The articles shall be returned when the detainee leaves the detention center. For valuable items, a Valuable Personal Property Record shall be made. When the articles are considered not suitable for custody by the duty officer, the detainee shall be ordered to properly dispose such articles immediately. The above requirements shall also apply to articles mailed to the detainees.
To ensure the safety and management of the detention center, the center may inspect the detainee, articles he/she is carrying, or the detention area.
Article 5
Upon entering a detention center, detainees shall be informed of the regulations to be complied with, specified as follows:
1. No suicide, self-mutilation, or behavior injuring others life or body allowed.
2. No clamoring, quarreling, fighting, attacking the management, or escaping from the facility allowed.
3. No drinking or gambling allowed.
4. No hiding of prohibited items, contraband, or other dangerous goods.
5. No defying of management order or acting against the order of the detention.
6. No smearing, polluting, destructing, or damaging the public facility.
7. Detainees shall follow other compliance rules specified by the detention center.
The compliance rules referred to in the previous paragraph shall be posted at a clear spot in the detention center.
Article 6
When a detainee violates the rules as referred to in Paragraph 1 of the previous Article, the detention center shall first stop such behaviors and may take the following measures:
1. Admonitions.
2. Community service.
3. Phone call restrictions.
4. Visitation restrictions.
5. Solitary confinement.
When measures specified in Subparagraphs 2 to 5 are taken, the detention center shall issue a warning. The measures taken shall be justifiable and reasonable to minimize the risk of harm to the person in custody.
Article 7
If a female detainee requests to carry her child under three (3) years old, the request may be approved.
Article 8
In case a detainee contracts a disease, a doctor shall be employed or the detainee shall be sent to hospital for treatment. If the detainee contracts an infectious disease, the detainee shall be isolated and a local health authority shall be notified to discuss whether to put such a detainee in quarantine or have him/her treated or disinfected.
If the detainee prescribed in the previous paragraph needs to be hospitalized for treatment, personnel shall be sent by the detention center to the hospital to keep guard.
The medical expense mentioned in the Paragraph 1 (of Article 8) above shall be paid by the detainee. If the detainee is unable to pay the expenses, they shall be paid by the National Immigration Agency.
Article 9
Detention centers may hold various activities. Unless kept under solitary confinement, detainees may have time to do outdoor activities in appropriate places; however, such activities may be cancelled in cases of bad weather, safety concerns, or insufficient space in the detention center.
Article 10
The detainees may have visitations with relatives.
The relatives referred to in the previous paragraph shall bring the identification, contact information, and other necessary information to the detention center to apply for visitation. Once approved, the relatives shall comply with the following rules:
1. Visitation shall be conducted at the times and places designated by the detention center.
2. No prohibited items, contraband, or dangerous goods allowed.
3. Items given to a detainee may be approved after inspection and registration.
4. Orders from the staff or management of the detention center shall be obeyed.
5. The visitation is restricted to thirty (30) minutes; however, the official in charge of the detention center may approve an extension under special circumstances.
6. No acts against the order of the visitation allowed.
7. Other compliance rules stipulated by the detention center shall be followed.
Article 11
The detention center may refuse visitations or cancel approved visitations under the following circumstances:
1. The detainee has two (2) visitations on a same day.
2. The detainee has been restricted from visitation or put under solitary confinement.
3. The relatives of the detainee who apply for visitation have violated any of the rules in Article 10 and have refused to obey the directives of the staff or management of the detention center.
4. The relatives of the detainee who applied for visitation seem drunk, infected with a serious contagious disease, or mentally abnormal.
5. Due to managerial needs, the detention center deems visitations inappropriate.
Article 12
If a detainee is deceased or about to die of illness, his/her relatives, related persons, embassies of his/her country in the Republic of China, representative offices or authorized institutions shall be notified, unless such notification is impossible.
After a detainee is deceased, the National Immigration Agency shall notify his/her relatives, related persons, embassies of his/her country in the Republic of China, representative offices or authorized institutions to deal with the funerary affairs, pick-up the remaining items of the deceased, and pay for expenses resulting from funerary affairs; however, the National Immigration Agency may directly handle the funeral affairs under the following circumstances:
1. The person(s) or representatives do not take relevant actions within one (1) month after receiving written notification.
2. The NIA is unable to notify or deliver written notification and the detainee has been deceased for more than one (1) month.
Article 13
The Regulations shall be implemented after being promulgated.
Regulations Governing the Inspection and Registration of Alien's Residence or Permanent Residence
Article 1
These Regulations are enacted pursuant to Article 65 of the Immigration Act (hereinafter referred to as "the Act").
Article 2
The objects of inspection and registration under these Regulations are the aliens who have obtained Alien Resident Certificates or Alien Permanent Resident Certificates in our country.
Article 3
Inspection and registration shall be executed within 7 days commencing from the day that the alien obtained his/her Alien Resident Certificate or Alien Permanent Resident Certificate, or completed his/her registration of change of domicile or place of employment.
Article 4
The inspection and registration shall be executed between the hours of eight and eighteen. Where the appointment has been made with the examinee to be executed at night, they shall be done before the hour of twenty-two.
Article 5
Inspection and registration matters are as follows:
- Expiry date of passport and Alien Resident Certificate.
- Matters concerning work, birth, death, marriage and divorce.
- Whether the activities engaged by the alien meet the purpose of his/her residence or not.
- Migration and changes.
- Other matters that shall be inspected and registered.
Article 6
Where an object defined in Article 2 has been applied for a work permit by his/her employer in accordance with relevant provisions of the Employment Service Act, the employer shall cooperate in the execution of inspection and registration.
Article 7
The object of inspection and registration shall be notified immediately to handle the corresponding procedure in accordance with the relevant provisions or he/she shall be registered by the officers of the competent authority if:
- His/Her passport or Alien Resident Certificate has been expired.
- His/Her migration or job change has not been registered.
- His/Her birth, death, marriage or divorce has not been registered.
- He/She has concurrently had ROC nationality and holds the Alien Resident Certificate, but has not cancelled his/her permanent residence at the household registry.
- He/She has not made registration on matters that should be registered.
The object of inspection and registration shall be notified immediately to handle the corresponding procedure in accordance with the relevant provisions or he/she shall be registered by the officers of the competent authority if:
Article 8
The documents of inspection and registration under these Regulations shall be properly stored.
The formats and storage years of the documents as prescribed in the preceding paragraph shall be determined by the competent authority.
Article 9
These Regulations are applicable to the execution of inspection and registration to the alien who enters the country with a visitor visa if:
- His/Her visit exceeds three months.
- It is necessary to execute inspection and registration due to the security requirements.
Article 10
The inspection and registration affairs as prescribed in these Regulations shall be planned by the National Police Agency (NPA) of the Ministry of the Interior, and executed by city or county (city) police under the supervision of the NPA before the Bureau of Immigration of the Ministry of the Interior is established.
Article 11
These Regulations will take effect from the date of promulgation.
