1.In accordance with the provisions of Article 38 of the Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified Under Subparagraphs 1 to 6, Paragraph 1, Article 46 of the Employment Service Act, a foreigner employed to serve as a director or manager of a business invested or established by overseas Chinese or foreigner(s) and approved by the Government of Taiwan in accordance with the provisions of Subparagraph 2, Paragraph 1, Article 46 of the Act, shall have one of the following qualifications:
(1)Having acted as a manager of a company invested by overseas Chinese or foreigner(s) in accordance with the Statute for Investment by Overseas Chinese or Statute for Investment by Foreign Nationals, whereas the amount of shares held by or the capital contributed by the overseas Chinese or foreigner(s) exceeds one third (1/3) of the total amount of shares or the total capital of the business, respectively.
(2)Having ever acted as a manager of a foreign branch company.
(3)Having ever acted as a representative of a representative office approved by the central governing authorities.
(4)Having ever acted as the deputy director or manager or the equivalent position in the start-up business recognized as capable of innovation in accordance with Paragraph 2, Article 6.
If the number of people employed by the employer in accordance with Subparagraphs 1 to 3 of the preceding Paragraph exceeds one person, the qualifications of the foreigners and the employer, or other qualifications thereof shall conform to the provisions set forth in Chapter 2.
2.Therefore, if the number of managers employed by the employer for businesses invested by overseas Chinese or foreigner(s) exceeds one person, the employer shall submit an application in accordance with the provisions on specialized or technical work.