跳到主要內容區塊

主管法規查詢系統

:::

英譯法規內容

法規名稱(Title) Regulations for External Fisheries Cooperation Ch
公發布日(Date) 2017.02.07
法規沿革(Legislative) 1.Promulgated on April 11, 1967
2.Amended on March 2, 1990
3.Amended on May 30, 1992
4.Amended on March 9, 1996
5.Amended on June 29, 1999
6.Repealed on February 7, 2017
法規內文(Content) Article 1   
These Regulations (hereinafter "the Regulations") are made 
pursuant to Article 40 of the Fisheries Act.
 
Article 2   
In the Regulations, the term "competent authority" or "competent
 authorities" means the Council of Agriculture of the Executive
 Yuan at the central government, municipal governments at 
municipalities, and county/city governments at counties/cities.
 
Article 3   
In the Regulations, the term "external fisheries cooperation" 
means the cooperation between any fishery operator or fisheries
 organizations of the Republic of China and any foreigner, 
foreign organization, foreign government, or overseas Chinese 
within the Republic of China or abroad.
 
Article 4   
There are two categories in external fisheries cooperation:
(1) foreign cooperation: 
(A) to acquire access fishing right with payment to operate 
motor-based fishing vessels (hereinafter cited as "fishing 
vessels" ) in foreign exclusive fishery zone, economic exclusive 
zone, or territorial sea;
(B) to engage in cooperation of fisheries operation abroad by
 means of rental of fishing vessels, investment, or provision of 
capitals, fisheries technology, or patents.
(2) Domestic cooperation: any foreigner engages in cooperation of
 fisheries operation within the territory or exclusive economic 
zone in the Republic of China by means of rental of fishing 
vessels, investment, or provision of capital, fisheries 
technology, or patents.
 
Article 5   
Any application for external fisheries cooperation in accordance 
with the Regulations shall be delivered to municipal/county/city 
competent authorities for processing to seek approval from the 
central competent authority.
Any application for external fisheries cooperation that involves 
any law or regulation concerning vessel control, investment and 
technical cooperation shall be processed in accordance with the 
Regulations and be approved by the relevant competent 
authorities.
 
Article 6   
Any person who applies for external fisheries cooperation 
according to Article 4(1)(A) shall submit the following 
documents:
(1) An application form. (This shall include the company charter
 and a copy of registration license.)
(2) A contract of cooperation.
(3) Business work plan.
(4) A list in which registers type, number, and name of the 
vessel. (This shall include the vessel's certificate of 
registration, certificate of examination, and fishing operation 
license.)
(5) Permissions issued by a foreign government.
(6) A letter of guarantee to dispatch fishermen back home in case
 of maritime distress or confiscation.
Permission issued by a foreign government indicated by Article 
6(5) means an official approval given by the competent authority 
of the cooperation partner in the host country and has been 
authenticated by local Republic of China embassy, consulate, or 
mission. Where an embassy, consulate, or mission is absent, 
designated local commercial institution under the Ministry of 
Economic Affairs or representatives appointed by the central 
competent authority should be responsible for their 
authentication of such approval. Where a designated commercial 
institution or representative is absent, an overseas Chinese 
association registered with the Overseas Chinese Affairs 
Commission or a legitimate, local notary should be responsible 
for authentication of such approval.
 
Article 7   
Application for external cooperation according to Article 
4(1)(B) and Article 4(2) should include the following documents:
(1) Application form. (This shall include the company charter 
and a copy of registration license.)
(2) Contract of cooperation.
(3) Business work plan.
(4) Technical personnel (include fishermen) and staff employment
 contract. (If employee from foreign country, resume and related
 licenses are necessary; if acceptance by a foreign offer, then 
resume, Fishing Vessel Crew Identification, household 
registration record, and Fishing Vessel Officer Certificate, if 
applies).
In the case of cooperation based on capital investment or patent
 right, the documents mentioned in sub-paragraph (4) of the 
preceding paragraph are excluded.
In the case of cooperation based on fishing vessels rental or 
joint venture, the following extra documents are necessary:
(1) Photocopies of the vessel's certificate of registration and 
its proof of examination.
(2) If cooperation in foreign waters is concerned, photocopy of 
fishing license is needed; if cooperation in domestic waters is 
considered, vessel layout is needed.
 
Article 8   
Contract of cooperation described in Article 6(2) should include
 the following items:
(1) Types of cooperation.
(2) Terms of cooperation.
(3) Types of fishing vessels, respective gross tonnage, and total
 amount of fishing vessels.
(4) Types of fishery operation, location, and fishing area 
(including a map for fishing area).
(5) Methods to share profits or costs of cooperation.
(6) Terms of profit remittance by banking system.
(7) Sales and handling of fish catch.
(8) Terms on the guaranty and settlement of breach of the contract.
(9) Other terms to be agreed upon.
 
Article 9   
Contract of cooperation described in Article 7(2) should include 
the followings:
(1) Types of cooperation.
(2) Terms of cooperation.
(3) The amount of capital authorized and proportion of investment
 in fishery cooperation. (Those who cooperate by renting fishing 
vessels are not subject to this term.)
(4) Types of fishing vessels, its net weight in tons, and its 
quantity. (Those cooperate by providing capitals, fishery 
technology, or patents are not subject to this term.)
(5) Means to share profits, rental incomes, or other earnings.
(6) Terms of profit remittance by banking system.
(7) Sales and handling of fish catch. (Those not involved in the 
selling of fish catch are not subject to this term.)
(8) Details of fishing technology and patents, and any benefit to 
parties in cooperation. (Those not involved in the application of 
fishing technology or patents are not subject to this term.)
(9) Terms on the guaranty and settlement of breach of the 
contract.
(10) Others terms to be agreed upon.
 
Article 10       
All purchasing and expenditure of foreign currency accrued in 
fishery cooperation with a foreign country are under the 
regulation of the Statute of Foreign Currency Management.
 
Article 11       
Any fishery operator who cooperates with foreign countries 
according to rules prescribed in Article 4(1)(B) should follow
 these provisions:
(1) Those who cooperate with fishing vessels should retreat 
these vessels no more than two months after cooperation's 
expiry date. To sell the fishing vessel, the application that
 seeks approval from the Ministry of Transportation and 
Communications should be delivered to and transferred by the
 central competent authority no less than three months prior
 to the cooperation's expiry date.
(2) The foreign partners in cooperation should report to the
central competent authority for approval if the foreign 
partners want to continue to hire the technical staffs, 
including the sailors, no less than three months prior to the
 cooperation's expiry date, and to obtain adequate extension 
period for these technical staffs in foreign countries. 
 
Article 12       
Any person involving in domestic cooperation under the
 prescription of Article 4(2) shall not impair our nation's 
fishery resources and seek to benefit the welfare of future 
fishery development in principle.
Any person engaging in the rental of fishing vessels or 
investment in domestic cooperation described in the preceding
 paragraph shall be restricted from domestic type of fishery 
operation. The imported fishing vessel that has been approved 
shall obtain fishing license according to Permission on the 
Building of Fishing Vessels and Rules Governing the Issuing of
 Fishing License.
Any fishing vessel rented from foreign countries but to be sold 
domestically within or after the expiry of terms of cooperation
 shall have it reported to the central competent authority for 
approval. The fishing license shall not be issued if approval 
has not been obtained.
 
Article 13       
Parties in domestic cooperation described under Article 4(2) 
are prescribed by regulations on Public/Private Enterprise's 
Application to Hire Foreign or Overseas Chinese Personnel in 
case of a need to hire foreign technical personnel. The 
central competent authority may set restriction on the number
 of people being hired.
The aforementioned foreign technical personnel do not include 
fishermen.
 
Article 14       
For the purpose of facilitating stability in fishery 
cooperation with foreign countries, and based on a need to 
promote national interests or to comply with the national 
policy of the cooperation country, the competent authority may 
order to prohibit external fishery cooperation from foreign 
countries; or to set restrictions on, or to incorporate 
conditions into, the contents of cooperation.
 
Article 15       
Concerning fishery development and national interests, the 
central competent authority may appoint fishery organizations 
or non-profit organizations to process applications on behalf 
of the parties in fishery cooperation with foreign countries.
 
Article 16       
Fishery operators or fishery organizations should report on 
their performance and progress of fishery cooperation, or give
 briefings on other aspects of cooperation, to the central 
competent authority every six months during their terms of 
fishery cooperation with foreign countries.
 
Article 17       
To renew terms of cooperation, parties in fishery cooperation
 must repeat application procedures under the provisions of
 Article 6 or Article 7 three months prior to the end of the 
term.
 
Article 18       
Any cooperation with foreign countries that has not been 
practiced one year after obtaining approval shall have its
 original approval waived.
 
Article 19       
Any person breaching the Regulations hereto is subject to 
penalties prescribed under Article 10 of the Fisheries Act and 
shall have their approval of cooperation with foreign countries
 waived hereafter.
 
Article 20       
The Regulations shall enter into force on the date of 
promulgation.