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法規名稱(Title) Human Trafficking Prevention Act Ch
公發布日(Date) 2009.01.23
法規沿革(Legislative) 1.The enacted Act with all 45 articles was promulgated by the Presidential Decree hua-zong-yi-yi-zi No. 09800019281 on 23rd of January, 2009.
The Act was set to be effective since June 1, 2009 by the Executive Yuan Order tai-nei-zi No. 0980029315C on May 26, 2009.
法規內文(Content) Chapter One: General Provisions
Article 1
This Act is enacted to prevent human trafficking and to safeguard the rights of
victims.
Article 2
The terms used in this Act are defined as follows:
1. Human trafficking:
(1) To recruit, trade, take into bondage, transport, deliver, receive, harbor, hide, broker, or accommodate a local or foreign person, by force, threat, intimidation, confinement, monitoring, drugs, hypnosis, fraud, purposeful concealment of important information, illegal debt bondage, withholding important documents, making use of the victim’s inability, ignorance or helplessness, or by other means against his/her will, for the intention of subjecting him/her to sexual transactions, labor to which pay is not commensurate with the work duty, organ harvesting; or to use the above-mentioned means to impose sexual transactions, labor to which pay is not commensurate with the work duty, or organ harvesting on the victims.
(2) To recruit, trade, take into bondage, transport, deliver, receive, harbor, hide, broker, to sex transactions, labor to which pay is not commensurate with the work duty, or organ harvesting, or to subject people under 18 years of age to sexual transactions, labor to which pay is not commensurate with the work duty, or organ harvesting.
2. Offenses of human trafficking:
Referring to acts of human trafficking conducted in violation of this Act, the Criminal Code, Labor Standard Law, or Regulation Against the Sexual Transaction of Children or Adolescents, or other related laws.
3. Improper debt bondage:
Referring to the use of unclear contracts or unreasonable payments of a debt to place people under bondage, subjecting them to sexual transactions, labor exploitation, or organ harvesting in order to fulfill or guarantee the payment of their debts.
Article 3
The competent authorities referred to in this Act: the Ministry of the Interior at the central government level; municipal governments at the municipal level; county (city)
governments at the county (city) level.
The central competent authority shall be in charge of the following functions:
1. The research, planning, enactment, promotion, and enforcement of the policies, rules and programs of human trafficking prevention and control.
2. The coordination and supervision of the municipal and county (city) governments
in the implementation of human trafficking prevention and control.
3. The planning, promotion, supervision, and implementation of the investigation of
human trafficking cases and the referral of criminal cases; identification of human
trafficking victims; and protection of the personal safety of human trafficking
victims.
4. The safeguard of the human rights, protection and sheltering, resource integration
and allocation, promotion, supervision, and implementation concerning human
trafficking victims without a valid visitor or resident permit that grants permission
to work in Taiwan (hereinafter referred to a work permit).
5. The planning, promotion, supervision, and implementation concerning human
trafficking prevention and control advertisement and the training of relevant professionals.
6. The counseling and assistance to the human trafficking prevention and control
promoted by the local governments and various authorities.
7. The compilation and publication of human trafficking information.
8. The international liaison, exchange and cooperation in human trafficking
prevention and control.
9. The planning, supervision, and implementation of other national human
trafficking prevention and control.
Article 4
The governments of municipalities and counties (cities) shall regularly hold liaison and coordination conferences on human trafficking prevention and control; designate
authorities or departments specifically to integrate the authorities, departments, and
manpower related to police affairs, public health affairs, social affairs, labor affairs,
and human trafficking prevention and control; and coordinate the specialized operations brigades or service centers of the National Immigration Agency of the Ministry of the Interior to fulfill the following functions (they may request assistance
from judicial authorities if necessary):
1. The implementation of the human trafficking prevention and control policies,
regulations and programs adopted by the central government and the integration
of related resources.
2. The investigation of human trafficking cases, referral of criminal cases, identification and protection of the personal safety of human trafficking victims.
3. The screening for designated infectious diseases; medical treatment; evaluation of
injury and collection of evidence; psychological counseling; and psychological
therapy of human trafficking victims.
4. The safeguard of the rights, protection and sheltering of human trafficking victims
residing in the Taiwan Area with the ROC citizenship, and the supervision and
counseling of organizations that administer sheltering.
5. The planning and implementation of the employment, employment promotion and
protection, labor rights, workplace safety, and other related rights of human trafficking victims.
6. The compilation of statistical information on human trafficking cases.
7. The implementation of other functions related to human trafficking prevention and
control.
Article 5
The provisions of this Act that involve the related central competent authorities’ functions and powers shall be dealt with by the authorities thereof; their powers and
responsibilities are divided as follows:
1. Judicial competent authority: the planning, promotion and supervision of the legal
procedures for the identification of human trafficking victims and the investigation and prosecution of human trafficking.
2. Health affairs competent authority: the planning, promotion and supervision of the
screening for designated infectious diseases, medical treatment, injury evaluation
and evidence collection, the psychological counseling and psychological therapy
of human trafficking victims.
3. Labor affairs competent authority: the planning and revision of the policies, regulations, and programs for the employment counseling; employment promotion
and protection; labor rights safeguard; and workplace health and safety of the human trafficking victims. The planning, promotion, supervision and implementation of the protection and sheltering, and issuance of work permits for
human trafficking victims with a valid resident visa.
4. Coast guard competent authority: the planning, promotion, supervision and implementation of the investigation of human trafficking cases, referral of criminal cases; identification and protection of the personal safety of human
5. Mainland affairs competent authority: The coordination, liaison and supervision of
the human trafficking cases that involve the Mainland Area, Hong Kong or Macau,
and other relevant affairs.
6. Foreign affairs competent authority: the planning, promotion, and supervision of
the coordination, liaison, international information sharing, bilateral and non-governmental cooperation concerning human trafficking cases and human
trafficking prevention and control.
7. Other human trafficking prevention and control measures planned and implemented by the related competent authorities in accordance with their respective functions and powers.
Chapter Two: Prevention and Identification
Article 6
The central competent authority shall organize the related competent authorities, local
governments, and non-governmental organizations to actively conduct activities
related to such human trafficking prevention and control as promotion, investigation,
rescue, protection, sheltering, and repatriation, and to cooperate with international
governmental bodies or non-governmental organizations to eradicate human
trafficking.
Article 7
Personnel conducting human-trafficking-related arrest, investigation, trial, identification of victims, rescue, protection and sheltering, shall have undergone
relevant professional training.
Article 8
Judicial police departments shall dispatch officers to protect any human trafficking
victim, social worker or other relevant professional who is assisting in the
investigation of human trafficking cases and believed to be in danger during the
course of an investigation and trial.
Article 9
The police personnel, immigration officers, labor affairs personnel, social affairs
personnel, medical personnel, civil affairs personnel, household registration personnel, educational personnel, employees of the tourist industry and immigration service
industry, or other personnel engaging in human trafficking prevention and control,
upon the discovery of a suspected case of human trafficking during the normal course
of their duty, shall immediately notify the local judicial police authority. The judicial
police authority, upon being notified, shall promptly take action to implement relevant
protection measures.
Anyone not stated in the preceding paragraph, upon the knowledge of a suspected case of human trafficking, may notify the local judicial police authority.
The name, residence address and other identifiable personal information of the people
in the preceding two paragraphs shall be kept confidential unless otherwise stated in
the laws.
Article 10
The judicial police authority and labor affairs competent authority shall set up special
channels or telephone hotlines for the reporting of human trafficking.
Article 11
The judicial police authority, upon discovering or receiving a report on a suspected
human trafficking case, shall immediately undertake the identification of human
trafficking victims.
The prosecutors, upon the discovery of a suspected case of human trafficking during
the course of an investigation, shall immediately undertake the identification of
human trafficking victims. The court, upon the knowledge of a suspected case of
human trafficking during the course of a trial, shall immediately refer the case to the
prosecutors for investigation.
The judicial police and prosecutors may request assistance as necessary from social
workers or relevant experts while indentifying human trafficking victims; suspected
human trafficking victims may likewise request assistance from social workers or
relevant experts.
The personnel responsible for identifying victims shall inform the suspected victim of
the follow-up procedures and related protection measures before commencing the
identification.
Chapter Three: Protection of Victims
Article 12
When any suspected human trafficking victim is in need of medical treatment, the
judicial police shall immediately inform the local health department and escort the
victim to the local medical facility to receive treatment and to be screened for
designated infectious diseases.
When any human trafficking victim is found to be free from infectious diseases after
being screened, the judicial police shall protect, shelter, or detain him/her pursuant to
this Act or other applicable laws.
Article 13
Any human trafficking victim who is an ROC national with citizenship and in need of
protection and sheltering as assessed by the competent authority of municipality or
county (city), shall be provided with protection and sheltering in accordance with
Article 17 by the competent authority thereof.
Article 14
Any suspected human trafficking victim who is a non-citizen ROC national, foreigner,
stateless person, Mainland Area resident, Hong Kong or Macau resident, and has a
valid visitor (or resident) permit, shall be provided with protection and sheltering in
accordance with Article 17. The suspected human trafficking victim thereof without a
valid visitor (or resident) permit shall be detained apart from other detainees who
have violated exit and entry regulations, and may be provided with assistance in
accordance with Article 17 before identification is completed in accordance with
Article 11.
Article 15
Any suspected human trafficking victim placed under segregated detention as stated
in the preceding Article, once identified to be a human trafficking victim, shall be
provided with protection and sheltering in accordance with Article 17 and the
provisions relating to detention stated in Article 37 of the Immigration Act, Article 18
of the Act Governing Relations between People of the Taiwan Area and Mainland
Area and paragraph 2, Article 14 of the Act Governing Relations with Hong Kong and
Macau are not applicable.
Any suspected human trafficking victim placed under protection and sheltering as
stated in the preceding paragraph, once identified as a human trafficking victim, shall
continue to be protected and sheltered in accordance with Article 17.
Article 16
The central competent authority shall issue a temporary visitor permit valid for no
more than 6 months to anyone identified as a human trafficking victim without a valid
visitor (or resident) visa.
Article 17
The competent authorities and labor affairs competent authorities at all levels shall,
either by themselves or by commissioned non-governmental organizations, provide
human trafficking victims or suspected ones under protection and sheltering with the
following assistance:
1. Protection of personal safety;
2. Necessary medical assistance;
3. Interpretation assistance;
4. Legal assistance;
5. Psychological advice and counseling;
6. Being accompanied when questioned (interrogated) throughout the investigation
or trial;
7. Necessary financial assistance;
8. Other necessary assistance.
The competent authorities and labor affairs competent authorities of all levels shall
establish or designate suitable shelters to protect and shelter human trafficking victims
or suspected ones; the procedures, administration and other regulations that have to be
followed for the sheltering thereof shall be determined by the central competent
authority in consultation with the central labor affairs competent authority.
Article 18
The costs to provide necessary assistance and to repatriate victims back to their
country (area) of origin as stated in paragraph 1 of the preceding Article shall be
imposed upon the victimizer; multiple victimizers shall bear the joint liability.
The competent authorities or labor affairs competent authorities of all levels in charge
of the protection and sheltering, shall order the victimizer to pay within a specific
period the costs as stated in the preceding paragraph; any overdue payment shall be
referred for compulsory enforcement in accordance with the laws.
Article 19
Any suspected human trafficking victim who is a non-citizen ROC national, foreigner,
stateless person, Mainland Area resident, Hong Kong or Macau Area resident with no
valid visitor (or resident) permit; after being placed under protection and sheltering,
and being issued a temporary visitor permit, the competent authority or labor affairs
competent authority may revoke his/her temporary visitor permit, and may detain or
repatriate him/her if he/she leaves the shelter without permission or violates laws or
regulations and the violation is deemed to be sufficiently serious.
The repatriation stated in the preceding paragraph shall be enforced only after the
approval of the judicial authority has been secured.
Article 20
Any human trafficking victim or suspected one, who is a minor or juvenile and fits
any of the following circumstances, shall be sheltered and protected in accordance
with the prioritized Statute for Prevention of Sexual Transactions Involving Children
and Adolescents; anything not provided for by the Statute shall be regulated by this
Act:
1. Discovered to be suspected of engaging in sexual transactions;
2. Fitting the circumstance set forth in the preceding subparagraph and deemed by a
court at a trial to be engaging in sexual transactions in accordance with the Statute
for Prevention of Sexual Transactions Involving Children and Adolescents.
Article 21
Any person who becomes aware of the name, date of birth, residence and other
identifiable personal information of a human trafficking victim due to his/her duty or
work shall keep the information in strict confidence unless otherwise stated in the law.
The government authorities shall not reveal the identifiable personal information of
any human trafficking victim as stated in the preceding paragraph when making
public any document related to human trafficking cases.
Article 22
No advertisement material, publication, radio broadcast, television, electronic message, the Internet or other media may report or note information on the name or
other identifiable personal data of human trafficking victims. However, this limit is
not applicable to any of the following circumstances:
1. Having the permission of the victim with legal capacity;
2. Being deemed necessary by the crime investigation authority pursuant to the law.
The proviso in the preceding paragraph is not applicable to any human trafficking
victim who is a minor.
Article 23
Any human trafficking victim testifying as a witness before a prosecutor in an
investigation or before a court in a trial, giving an account on what he/she has learned
of or seen, and being questioned and cross-examined in accordance with the law, may
be protected by the related provisions of this Act and may also be eligible for the
protection stated in Articles 4 to 14, Articles 20 and 21 of the Witness Protection Act,
if he/she is not eligible for the protection of the Act thereof.
Any reporter, informer, accuser or victim of a human trafficking case deemed by the
prosecutor or judge to be in need of protection, may be eligible for the protection
stated in Articles 4 to 14, paragraph 2 of Article 15, Articles 20 and 21 of the Witness
Protection Act.
Article 24
Any human trafficking victim’s legal agent, spouse, lineal relative by blood or
collateral relative by blood within 3rd degree of kinship, parent, family member,
doctor, psychiatrist, counselor, or social worker, may accompany him/her and may
make observations when he/she is questioned or cross-examined during an
investigation or trial; it is the same when the victim is under investigation by the
judicial police.
The provisions in the preceding paragraph regarding the person accompanying the
victim are not applicable to a human trafficking suspect or defendant.
Article 25
The questioning, cross-examination or confrontation of a human trafficking victim
during an investigation or trial may be conducted outside the court upon request or
virtute officii or may be undertaken by using audiovisual telecommunications
equipment or other appropriate methods to separate the victim from the defendant.
Any human trafficking victim located outside the country may be questioned,
cross-examined through audiovisual telecommunications equipment in an ROC
embassy or representative office.
Article 26
The judicial police, prosecutor and court, during the course of an inquiry,
investigation and trial, shall pay attention to the personal safety of human trafficking
victims and, if necessary, shall separate the human trafficking victims from other
criminal suspects or defendants.
Article 27
The statement made by any human trafficking victim during an investigation by the
prosecutors, judicial police officers, or judicial police may be accepted as evidence
during a trail if it is proven to be credible under special circumstances, to be necessary
to prove the body of the crime, and if the victim fits one of the following conditions:
1) The victim is unable to make a statement due to a physical and psychological
trauma;
2) Due to physical and psychological pressure at the trial, the victim is unable to
make a complete statement or refuses to make a statement when questioned or
cross-examined; or
3) The victim cannot be summoned or fails to appear after being summoned because
he/she is not in the Taiwan Area or his/her whereabouts is unknown.
Article 28
The central competent authorities may, based upon the necessity of an investigation or
trial, extend the temporary visitor (or resident) permit under a six-month duration of
stay issued to any human trafficking victim who is a non-citizen ROC national,
foreigner, stateless person, Mainland Area resident, Hong Kong or Macau Area
resident with no valid visitor (or resident) permit prior to the issuance of the
temporary permit.
If the human trafficking victim in the preceding paragraph has a valid visitor (resident) permit, the central competent authority may grant an extension to his/her visitor
(resident) permit based upon the status of the investigation or trial.
If the human trafficking victim’s personal safety may be threatened after his/her
repatriation back to his/her country (area) of origin because of his/her assistance in the
investigation or trial, the central competent authority may grant stay or residency to
him/her on a special case-by-case basis. After continuous legal residency in the ROC
for a period of five years and over 270 days per year, the victim may apply for
permanent residency. The procedures, required documents, qualifications, types of
permits, revocation and cancellation of such permits, and other relevant and binding
regulations for the stay, residency and applications for permanent residency of the
trafficked victims who have been granted the victim status on a case-by-case basis
shall be determined by the central competent authority.
The human trafficking victim in respect of paragraphs 1 and 2 may apply for a work
permit at the central labor affairs competent authority without being subjected to the
restrictions set forth in the Employment Service Act and Article 11 of the Act
Governing Relations between People of the Taiwan Area and Mainland Area, and the
period in which he/she can work shall not exceed the period of his/her stay or
residency.
The permit application, revocation or cancellation, control, and other relevant and
binding regulations stated in the preceding paragraph shall be determined by the
central labor affairs competent authority.
Article 29
Any human trafficking victim who has violated other provisions of the criminal code
or administrative regulations as a result of being trafficked may be eligible for a
reduction in penalty or absolution from his/her liability.
Article 30
Any human trafficking victim who is a non-citizen ROC national, foreigner, stateless
person, Mainland Area resident, Hong Kong or Macau resident, shall be repatriated
back to his/her country (area) of origin as soon as possible if his/her continued
assistance is deemed by the judicial authorities to be no longer necessary in the
investigation or trial, and the central competent authorities have coordinated with
relevant authorities or civil organizations to contact the government departments of
the victim’s country (area) of origin, or their embassy, authorized organization, or
non-governmental organization in Taiwan, or his/her family.
Chapter Four: Penalties
Article 31
Anyone using such means as debt bondage or another person’s inability, ignorance, or
helplessness to force him/her into sexual transactions for profit, shall be sentenced to
imprisonment ranging from six months to five years, and may also be fined up to
NT$3 million.
Any attempt to commit the crime stated in the above paragraph is punishable.
Article 32
Anyone using such means as force, threat, intimidation, confinement, monitoring,
drugs, fraud, hypnosis, or other means against another person’s will to labor to
which pay is not commensurate with the work duty for profit, shall be sentenced to imprisonment under seven years, and may also be fined up to NT$5 million.
Anyone using such means as debt bondage or the abuse of another person’s inability,
ignorance, or helplessness to subject him/her to labor to which pay is not commensurate with the work duty for profit, shall be sentenced to imprisonment under three years, and may also be fined up to NT$1 million.
Any attempt to commit either crime stated in the preceding two paragraphs is
punishable.
Article 33
Anyone recruiting, transporting, delivering, receiving, harboring, hiding, brokering, or
accommodating another person under 18 years of age in order to subject him/her to
labor exploitation or underpayment for profit, shall be sentenced to imprisonment
under seven years, and may be fined up to NT$5 million.
Any attempt to commit the crime stated in the preceding paragraph is punishable.
Article 34
Anyone using such means as force, threat, intimidation, confinement, monitoring,
drugs, fraud, hypnosis, or other means against another person’s will to subject him/her
to organ harvesting for profit, shall be sentenced to imprisonment over seven years,
and may be fined up to NT$7 million.
Anyone using such means as debt bondage or abusing another person’s inability,
ignorance, or helplessness to subject him/her to organ harvesting for profit, shall be
sentenced to imprisonment ranging from five to twelve years, and may also be fined
up to NT$5 million.
Anyone recruiting, transporting, delivering, receiving, harboring, hiding, brokering, or
accommodating a person under 18 years of age in order to subject him/her to organ
harvesting for profit, shall be sentenced to imprisonment over seven years, and may
be fined up to NT$7 million.
Any attempt to commit any of the crimes stated in the preceding three paragraphs is
punishable.
Article 35
Any property or profit from assets acquired from human trafficking shall be
confiscated regardless of its ownership except the part that shall be returned to victims. When the entirety or part of the property cannot be confiscated, the trafficker shall
pay according to its value or give his/her assets as compensation.
For the purpose of preserving the full value of the confiscated property or profit from
assets as stated in the preceding paragraph, a certain portion of the property may be
seized discretionally if necessary.
The Ministry of Justice shall transfer the seized cash or proceeds from the sale of the
confiscated property stated in paragraph one to the central competent authorities for
the compensation of human trafficking victims.
The directions for the transfer of seized cash and proceeds from the sale of the
confiscated property as stated in the preceding paragraph and compensation to human
trafficking victims, shall be enacted by the central competent authorities along with
the Ministry of Justice.
Article 36
Any civil servant, who covers up human trafficking crime, shall be sentenced in
accordance with related provisions with respective penalties increased by half.
Article 37
Any offender of a human trafficking crime who voluntarily surrenders himself/herself,
confesses during an investigation, and furthermore provides information leading to
the discovery and arrest of another principal offender or accomplice, shall receive a
reduction in penalties or be absolved of the offense.
Article 38
Anyone in violation of Article 22 shall be fined from NT$60,000 to NT$600,000, and
the articles stated in the Article may be confiscated or subjected to other necessary
disposal by the related competent authorities; concerning the change ordered to be
made within a specified period, each and every lapse may be subject to additional
separate penalties. However, when deemed necessary to the public interest by the
related competent authority, the reporting on the death of the victim shall not be
subjected to the penalties thereof.
Article 39
Where any representative of a legal person, or any agent, employee, or staff member
of a legal or natural person violates human trafficking crime in the course of
conducting normal business operation, the legal or natural person shall be imposed
with a fine in accordance with the respective provisions of each human trafficking
crime. However, if the natural person or the representative of a legal person has tried
his/her best to prevent the occurrence of the offense, he or she shall be exempted.
Article 40
Any ROC vessel, aircraft or other means of transportation whose owner, operator,
captain, pilot or driver has been engaged in the transportation of persons trafficked,
may be subjected to a specific period of suspension, or revocation of its related
licenses by the related competent authorities, and its captain, pilot, or driver may be
subjected to the revocation of his/her professional licenses or qualifications.
Article 41
Anyone violating the provisions of paragraph 1 of Article 9 by failing to fulfill his/her
duty to report without a justifiable reason shall be fined from NT$6,000 to
NT$30,000.
Article 42
This Act is applicable outside the territory of the ROC to the crimes stated in Articles
31 to 34.
Chapter Five: Supplementary Provisions
Article 43
The provisions of this Act are also applicable to the human trafficking cases dealt with
by a military court and a military prosecutor.
Article 44
The enforcement rules of this Act shall be enacted by the central competent authority.
Article 45
The effective date of this Act shall be determined by the Executive Yuan.