Article 2
The term “people” as referred to in Articles 1, 4, 6, 41, 62, 63, 79-1 and 95-3 of the Act shall mean natural persons, juristic persons, organizations and other institutions.
The term “people” as referred to in Article 78 of the Act shall mean natural persons and juristic persons.
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Article 4
The term “People of the Taiwan Area” as defined in Subparagraph 3 of Article 2 of the Act shall include the following persons:
1. Those who had household registrations in the Taiwan Area but changed their status to People of the Mainland Area before February 19, 2001, and later recovered their status pursuant to Article 6 of the Act as People of the Taiwan Area.
2. Those who were born in the Taiwan Area of parents of parents both of whom are People of the Taiwan Area or one of whom is a person of the Taiwan Area while the other is a person of the Mainland Area.
3. Those who were born in the Mainland Area of parents both of whom are People of the Taiwan Area and who have no household registrations in the Mainland Area or do not hold passports issued by the Mainland Area.
4. Those who were born in the Mainland Area of parents one of whom is a person of the Taiwan Area and the other is a person of the Mainland Area who have no household registration in the Mainland Area nor hold a passport issued by the Mainland Area and make household registration in the Taiwan Area within one year of birth.
5. Those who, pursuant to Paragraph 1 of Article 9-2 of the Act, are permitted by the Ministry of the Interior to recover their status as People of the Taiwan Area and who return to reside permanently in the Taiwan Area.
People of the Mainland Area who have been permitted to enter into and reside permanently in the Taiwan Area and who have household registrations therein are People of the Taiwan Area.
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Article 5
The term “People of the Mainland Area” as defined in Subparagraph 4 of Article 2 of the Act shall include the following persons:
1. Those who were born in the Taiwan Area or in the Mainland Area of parents that are both people of the Mainland Area.
2. Those who were born in the Mainland Area of parents one of whom is a person of Taiwan Area and the other is a person of Mainland Area who have household registration in the Mainland Area, hold a passport issued by the Mainland Area, or do not have household registration in the Taiwan Area as set forth in Subparagraph 4 of Paragraph 1 of the previous Article.
3. Those who had household registrations in the Taiwan Area but changed their status to People of the Mainland Area before February 19, 2001, and have not recovered their status pursuant to Article 6 of the Act as People of the Taiwan Area.
4. Those who have household registrations in the Mainland Area or hold passports issued by the Mainland Area, and have consequently been deprived of their status as People of the Taiwan Area, in accordance with Paragraph 2 of Article 9-1 of the Act.
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Article 8
When verifying documents prepared in the Mainland Area, the institution as prescribed in Paragraph 1 of Article 4 of the Act or the entrusted private organization as prescribed in Paragraph 2 of said Article shall compare the original and the copy of the documents, or examine, against the original copy, the authenticity of the signature and signatory chop affixed upon the document by the person preparing the documents, or conduct an investigation for verification.
The institutions or private organizations referred to in the previous Paragraph shall not accept an application for document verification in the following circumstances, provided that the applicant be first required to remedy the circumstances within a specific period in the event such circumstances are remediable:
1. The requested matter is not within the scope of document verification.
2. It is apparent that the purpose of the application or the content of the document is in violation of law or regulation or national interest, offends the public order or good moral, or is otherwise inappropriate.
3. It is apparent that the document submitted has been forged or altered.
4. The document is not notarized by the Mainland Area.
5. The applicant fails to submit the original copy of the notarization by the Mainland Area.
6. There exists no interest or relationship between the applicant and the document submitted for verification.
7. The applicant fails to pay the required fees, fails to submit identification document or other relevant documentation.
8. The content of the document contains apparent contradiction, error, untruthfulness, or defect that is sufficient to affect the identity thereof.
9. The application fails to comply with the procedure or lacks other required elements.
Certification shall be issued in the event the document submitted for verification is determined to be true after examination, and appropriate notations may be made thereon if necessary. The application shall be rejected if the document submitted for verification is determined to be untrue after examination.
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Article 15
Persons entering into the Taiwan Area illegally as referred to in Article 15 of the Act shall include those who enter into the Taiwan Area on a fake or forged passport, using fraudulent identity, or on a passport, travel document or any other similar certificates obtained by using fraudulent identity, or via a conspired fraudulent marriage where sufficient evidence exists in support thereof, or by smuggling or other illegal means.
Persons entering into the Taiwan Area without permission as referred to in Subparagraph 1 of Paragraph 1 of Article 18 of the Act shall include those who enter into the Taiwan Area on fake or forged passports, using fraudulent identity or on a passport, travel document or any other similar certificates obtained by using fraudulent identity, or by smuggling or other illegal means.
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Article 17
The circumstances where sufficient evidence exists to establish that there is a threat to national security or social stability as prescribed in Subparagraph 5 of Paragraph 1 of Article 18 of the Act shall mean one of the following:
1. Failure to disclose previous participation in or funding of groups rebellious against internal or external security, or activities of such groups.
2. Failure to disclose previous participation in or funding of terrorist or violent illegal groups or activities thereof.
3. Involvement in crime outside the Taiwan Area or being a habitual criminal.
4. Conducting any act that has been determined by the competent authority to be a threat to national security or social stability.
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Article 20
The persons serving in the government, educational institutions or state enterprises as prescribed in Article 21 of the Act shall not include the following:
1. Those persons who are approved by the competent central authorities to be researchers, associate researchers, assistant researchers, post-graduate research fellows, seminar lecturers, visiting professors, visiting associate professors, visiting assistant professors, visiting specialists, and visiting teachers, at academic research institutions, social education institutions, schools at levels above junior colleges, and schools of the theatre and the arts.
2. The personnel contracted by state-owned business agencies (institutions) under the Ministry of Economic Affairs and the Ministry of Transportation and Communications.
The intelligence agencies (institutions) as referred to in Paragraph 1 of Article 21 of the Act shall mean the agencies (institutions) as prescribed in Paragraph 1 of Article 2 of the Organic Law of the National Security Bureau; and the national defense agencies (institutions) referred to therein shall mean the Ministry of National Defense, its subordinate agencies (institutions) and military units.
The persons prescribed in Paragraph 1 shall not serve any positions involving national security or confidential hi-tech research.
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Article 22
Any retired personnel from the military, government, state enterprises or educational institutions applying for a lump-sum pension payout pursuant to Paragraph 1 of Article 26 of the Act shall, three months before moving to reside in the Mainland Area for the long term, submit the following documents to their former employer (or the military unit) or the administrative district office thereof:
1. Application in writing.
2. Verification paper for receiving (or additionally receiving) monthly pension payments (from former employer or the military).
3. Household registration certificates, including all household members of the applicant.
4. Document verifying permission for or verification of traveling to the Mainland Area.
5. Letter of Intent regarding the decision to reside in the Mainland Area for the long term.
6. For those having dependents in the Taiwan Area, a notarized letter of consent from said dependents.
7. Related documents verifying the period of residency or stay in the Mainland Area in excess of 183 days in total within three years before applying for a lump-sum pension payout (from former employer or the military).
Where the verification documents prescribed in Subparagraph 4 in the preceding Paragraph cannot be submitted in advance, the former employer (or military unit) may, within one month after the applicant leaves the Taiwan Area, issue a written request to the National Immigration Agency of the Ministry of Interior for verification, and then notify the approval-issuing institution of the verification result.
The former employer (or the military unit) of such retirees or the administrative office thereof, after receiving the application prescribed in Paragraph 1, shall review the cases in detail and forward to the authorities assessing the monthly pension for review and approval within two months. In case of approval, the applicant shall, one month before going to the Mainland Area, submit verifying documents for entry/exit of the Taiwan Area to institutions paying the pension concerned for approval and subsequently proceeding with the payment procedures.
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Article 40
The vessels of the Republic of China as referred to in Articles 28 and 28-1 of the Act shall mean the vessels prescribed in Paragraph 1 of Article 5 of the Law of Ships; aircraft of the Republic of China referred to in said Articles of the Act shall mean the aircraft registered in the Republic of China in accordance with the Civil Aviation Act.
The Mainland vessels and civil aircraft referred to in Paragraph 1 of Article 29 of the Act shall mean the vessels and civil aircraft registered in the Mainland Area, excluding military vessels and aircraft; the Taipei Flight Information Region shall mean the airspace prescribed by the International Civil Aviation Organization for which the Taiwan Area is responsible for providing flight information services and performing navigation aid services.
The vessels that are not vessels of the Republic of China, foreign vessels, and vessels of Hong Kong or Macau that are owned, leased, managed, operated, or captained or controlled by a person of Mainland Area shall be deemed vessels of the Mainland Area.
The foreign vessels and civil aircraft referred to in Paragraph 1 of Article 30 of the Act shall mean the vessels and aircraft registered at a place other than the Taiwan Area or the Mainland Area; regularly scheduled sea or air routes shall mean regularly-operated routes for transportation of passengers and cargo among certain seaports or airports.
Other means of transportation as referred to in Article 28, Article 28-1, Paragraph 1 of Article 29 and Paragraph 1 of Article 30 of the Act shall mean any tools that can be used for purposes of transportation by sea or air.
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Article 42
Any Mainland vessel entering the restricted or prohibited waters of the Taiwan Area without permission shall be dealt with by the competent authorities according to the following rules:
1. Any such vessel entering the restricted waters shall be turned away; any vessel that looks suspicious shall be forced to dock and be inspected. Any vessel that ignores the turn-away signal or is involved in contraband shall be detained together with the possessions and personnel onboard.
2. Any such vessel entering the prohibited waters shall be forced to leave; any vessel that looks suspicious shall be forced to dock and be inspected. Any vessel that fails to heed the leave signal, is involved in contraband or engages in illegal fishing, shall be detained together with the possessions and personnel onboard.
3. Any such vessel entering the restricted or prohibited waters having its name smeared or concealed, having no name, refusing to stop for inspection, or engaging in illegal fishing or other illegal acts may be detained together with the possessions and personnel onboard.
4. Warning shots may be fired to caution any Mainland vessel referred to in the preceding three Subparagraphs that refuses to dock or resists detainment; any vessel that fails to heed the warning may encounter gun shots fired directly at the vessel body to force such vessel to dock; any hostile action may cause the vessel concerned to be fired upon and destroyed.
The illegal fishing referred to in Subparagraph 2 of the previous Paragraph, in Subparagraph 2 of Paragraph 1 of Article 43 and in Article 45 shall mean capturing marine animals and plants by using poisonous substances, dynamite or other explosives, electric shock or other narcotics.
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Article 43
Any vessel seized under the provisions of the preceding Article shall be confiscated by the competent authorities upon the occurrence of any of the following:
1. Acts of piracy against vessels of the Taiwan Area.
2. Involvement in contraband or illegal fishing concerning the Taiwan Area.
3. Acts of transporting people to illegally enter into or depart from the Taiwan Area.
4. Hostile acts towards vessels that are on duty to carry out inspections.
Any vessel detained which involved in smearing or concealing vessel names, had no vessel name, refused to stop for inspection, engaged in illegal fishing or other illegal acts, or is verified by the competent authorities as having a record of being detained more than twice, may be confiscated.
Any detained vessel that neither falls under the circumstances as prescribed in the preceding two Paragraphs nor has been involved in any violation of law may be returned.
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Article 45
Any item seized by the competent authorities pursuant to Article 42 above that is classified as a banned item, contraband, or fishing tool used in illegal fishing or fishing yield from illegal fishing shall be confiscated; any fishing tool, fishing yield or other articles seized on the ground of smearing or concealing vessel names, having no vessel name or refusal to stop for inspection may be confiscated; other seized items not involved in any violation of the law may be returned. However, where the person that possesses the aforesaid item is processed by judicial agency on suspicions of criminal activity, related items of evidence shall be processed as well.
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Article 46
The competent authority referred to in Articles 33, 33-1 and 72 of the Act shall mean the central competent authority.
The central competent authority referred to in the previous Paragraph shall be ascertained in accordance with the nature of the matters involved. Where the proper competent authority cannot be ascertained, it shall be ascertained by the Mainland Affairs Council of the Executive Yuan.
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Article 55
The relevant laws and regulations as referred to in Article 40 of the Act shall mean the Commodity Inspection Act, the Infectious Animal Disease Prevention and Control Act, the Wildlife Conservation Act, the Pharmaceutical Affairs Law, the Customs Law, the Customs Prevention of Smuggling Statute, the Tobacco and Alcohol Administration Act, Communicable Disease Control Act, Plant Protection and Quarantine Act, Act Governing Food Safety and Sanitation, Health Food Control Act, and other related laws and regulations.
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