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APRC Rules for foreigners, Virtul Assets and New Pension Standars.

 
 

The Rules for APRC of foreigner’s children born in Taiwan.

 

Since Taiwan does not recognize the citizenship of the foreigner who is born in Taiwan, the foreigners’ children shall apply for Alien Resident Certificate (ARC) after the children is more than 18 years old.


According to National Immigration Agency (NIA), for two foreign national parents who hold an Alien (Permanent) Resident Certificate (ARC or APRC), and their Taiwan-born children has lived in Taiwan for a cumulative 10 years (and has stayed in Taiwan for at least 183 days in each of those years), may apply for extending their residence for up to 6 years once they are 18 years old.


In addition, for the “foreign special professionals” who have received APRC may apply for APRC for their minor children after the children have lived in Taiwan for three to five years.


Source : Taipei Times


 

 

The First Law Regarding Virtual Assets has been reviewed by Legislation Yuan.


The "Virtual Asset Management Act" was recently reviewed by the Legislative Yuan. It is the first virtual asset law in Taiwan, and it make the virtual asset industry as a "licensed industry", meaning no one can operates such business without the license issued by the competent authority.


According to Article 3 of the drafted Act, the company operating virtual asset business shall obtain the permission from the competent authority, and the company shall not operate virtual asset business unless they join an industry association designated by the competent authority.


According to Article 36 of the drafted Act, when the company operating the virtual asset business is unable to pay its debts or there is any risk that the rights and interests of its customers may be injured, the competent authority may notify the relevant agency or institution, such as bank, to prohibit the company and its directors, supervisors or its manager transferring their property to protect the safety of the market and the interests of the customers.

 


 


 

Constitutional Court Approves that the Employers shall estimate employees’ pensions for the next years and make up the difference in one appropriation.  


According to Paragraph 2, Article 56 of Labor Standards Act (LSA), “before the end of each year, employers shall assess the balance in the designated labor pension reserve funds account. If the amount is inadequate to pay pensions for employees retiring in the next year, the employer is required to make up the difference in one appropriation before the end of March the following year and submit the statement to the Business Entity Supervisory Committee of Labor Retirement Reserve for review.”


The Labor Bureau of New Taipei City Government found some companies did not make up the difference to its special labor retirement reserve account, so the Government fined the companies and announced their legal representatives’ name. The companies were dissatisfied and filed administrative lawsuits, and the Supreme Administrative Court found that the law did not comply with the principles of proportionality and equality and infringed people's property rights. Therefore, the Supreme Administrative Court stopped the proceedings and applied for an interpretation of the constitution.


However, Constitutional Court considered that the purpose of Paragraph 2 of Article 56 of the LSA is to avoid the risk that the employer is not affordable when the employees retire, and the employer has one full year to prepare the money to make up the difference, which the provision has appropriately balanced the employer’s rights. Therefore, Constitutional Court approves the rule to make up the difference in one appropriation.

 

Source : Lawbank Taiwan


 

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