| Enforcement
Rules for MOEA Guidelines for Assisting Private
Enterprises in Recruiting Overseas Industrial
Specialists |
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Guidelines
for Assisting Private Enterprises in Recruiting Overseas
Industrial Specialists |
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Enforcement
Rules |
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Section
1 General Provisions
| 1.
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The Enforcement
Rules herein are set up to implement the work
of recruiting overseas industrial specialists
provided in the MOEA Guidelines for Assisting
Private Enterprises in Recruiting Overseas Industrial
Specialists (referred to as the Guidelines hereunder).
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| 2. |
The private
enterprise depicted in the Enforcement Rules refers
to a private organization established in compliance
with the Company Law and in which government holding
does not exceed 50% of paid-in capital.
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| 3. |
The authorized
agency depicted in the Enforcement Rules herein
refers to an organization selected by the Ministry
of Economic Affairs (MOEA) through an open tender
process as provided for in the Government Procurement
Law. (Note: the authorized agency for 2001 is
the Chinese Association for Industrial Technology
Advancement). |
Section 2 Application Standards
| 4. |
The key technology,
R&D, management and market operation depicted
in the first paragraph of Point 2 of the Guidelines
refer to technology, R&D, business management,
and market operation in connection with the production
of products with high added value and development
potential, that help enhance product quality and
market development.
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| 5. |
The work experience
depicted in the Guidelines refers to the experience
of working in a field related to the key technology,
R&D, management, or market operation set forth
in the preceding provision, and for a duration
as specified in the first paragraph of Point 2
of the Guidelines. Overseas work experience will
be acknowledged according to the resolutions made
of the fourth meeting of the High-level Technical
Personnel Review Task Force held on October 20,
1996, which maintains that a minimum of two years
of overseas work experience is required.
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| 6. |
A private
enterprise may propose only one project for subsidy
in a single year, and the subsidy it receives
may not exceed NT$1.5 million for the first year.
The cumulative subsidy period per specialist may
not exceed three years; the subsidy for the second
and the third year will be reduced to 70% and
40% of the first-year subsidy, respectively.
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| 7. |
In observing
the basic spirit that private enterprises should
shoulder their own cost of specialist services,
the Committee referred to in Point 6 of the Guidelines
will take the subsidy requested by the applicant
as a percentage of the specialist's salary into
consideration.
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| 8. |
A specialist
employed by a private enterprise may not be an
employee of its overseas branch or subsidiary,
or one who cannot render his/her service in Taiwan,
or one who has been in Taiwan for over one year
and not yet applied for the subsidy. |
Section 3 Application Procedures
and Documentation
| 9.
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Industrial
specialists interested in recommendation and matching
services may submit an Overseas Industrial Specialist's
Employment Application and a Personal Basic Data
form to an overseas window or to the authorized
agency directly.
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| 10. |
A private
enterprise that requests assistance in recruiting
industrial specialist may submit an Overseas Industrial
Specialist Recruitment Application to a domestic
service window or directly to the authorized agency.
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| 11. |
To apply
for the MOEA subsidy, the private enterprise,
together with the specialist it intends to recruit,
must submit a project proposal and the following
documentation for review: |
| a. |
Project Proposal
Review Application. |
| b.
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Photocopies
of business license, business registration certificate,
and other documents evidencing the business setup
of the private enterprise referred to in Point
2 herein. |
| c. |
Photocopies
of papers evidencing the education of the specialist
referred to in Point 5 herein. |
| d. |
Proof of present
or prior employment abroad of the specialist.
e. Photocopy of document evidencing the overseas
residence of the specialist. |
Section 4 Review Committee
for Recruitment of Overseas Industrial Specialists
| 12.
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To determine
the grant of a subsidy, the agency-in-charge will
organize a review committee (referred to as the
"committee" below) pursuant to Point 6 of the
Guidelines to review the project proposals referred
to in the second paragraph of Point 5 of the Guidelines.
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| 13. |
The agency-in-charge
may call a committee meeting every month to review
project proposals, wherein an MOEA administrative
vice minister convenes the meeting and the agency-in-charge
takes charge of related secretarial tasks.
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| 14. |
The scholars
and experts referred to in Point 6 of the Guidelines
shall be appointed by the agency-in-charge. |
Section 5 Review Process
| 15.
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The review
of a project proposal will be carried out in two
stages; in the preliminary review, the agency-in-charge
will compile the project proposal and related
documents, and have them reviewed by scholars
and experts in related fields; in the second review,
the agency-in-charge will call a committee meeting
to review the application that has passed the
preliminary review.
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| 16. |
The committee
meeting shall have more than half of the committee
members present; members may appoint proxies,
if they are unable to attend the meeting themselves.
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| 17. |
A private
enterprise whose application for a subsidy has
been denied may file an appeal within fifteen
(15) working days following receipt of review
decision. Only one appeal is allowed for each
application.
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| 18. |
Scholars
and experts appointed by the agency-in-charge
will carry out a preliminary review of the project
proposal, and give notice to the agency-in-charge
of the result of the review. |
Section 6 Funding and Payment
| 19.
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For applications
approved by the committee, the agency-in-charge
will grant subsidies via the standards and calculation
method provided in Point 7. a. of the Guidelines.
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| 20. |
The same specialist
may be employed by different private enterprises,
which will apply for subsidies individually. The
cumulative period of subsidy for a single specialist,
however, is limited to three years.
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| 21. |
Private enterprises
that have been granted and have accepted a subsidy
shall sign a contract with the authorized agency,
specifying the rights and obligations of the parties.
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| 22. |
A private
enterprise that has been granted and has accepted
a subsidy will submit a photocopy of the approval
letter and relevant salary payment receipts to
the authorized agency, which in turn will forward
the documents to the Accounting Department of
the MOEA for reimbursement of funds.
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| 23. |
The subsidy
program is subject to availability of funds, i.e.
no application will be accepted after all budgeted
funds have been committed. |
Section 7 Supplemental Provisions
| 24.
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The Enforcement
Rules herein will be implemented on July 1, 2001
in conjunction with the promulgation of the "MOEA
Guidelines for Assisting Private Enterprises in
Recruiting Overseas Industrial Specialists" as
approved by the Executive Yuan, and will be subject
to change if deemed necessary by a decision of
the committee. |
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