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UPDATED: 29 May, 2002
Enforcement Rules for MOEA Guidelines for Assisting Private Enterprises in Recruiting Overseas Industrial Specialists
 

    Guidelines for Assisting Private Enterprises in Recruiting Overseas Industrial Specialists
Enforcement Rules

 

Section 1 General Provisions

1. 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).
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.
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.
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.
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.
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.
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. 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.
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.
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. 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. 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.
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.
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. 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.
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.
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.
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. 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.
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.
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.
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.
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. 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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