The Regulations are enacted in accordance with paragraph 2 of Article 20 of the Immigration Act (hereinafter referred to as the “Act”) .
Passengers of an aircraft, vessel or other means of transportation (hereinafter referred to as the “Transport”) who must stay overnight in the State due to transit may apply through the pilot, captain, or transportation service provider (hereinafter, the “Provider”) to the National Immigration Agency (hereinafter, the “Agency”) under the following conditions:
1. The passengers' Transport cannot continue on its itinerary due to a technical stop or other major incidents after anchorage.
2. The passengers' Transport registered in the Republic of China that travels on international routes cannot continue to transport the passengers due to the unscheduled return of its journey.
3. Force majeure or unavoidable cause that necessitates an overnight stay.
In cases when passengers other than the transit passengers set forth in subparagraph 6 of Article 3 of the Act, for some reason, cannot exit or enter the State and must stay overnight in the State, these Regulations shall apply.
To apply for overnight stay on behalf of transit passengers, the Provider shall submit to the subordinate office of the Agency at the airport or port of arrival a list that contains the passengers' names, dates of arrival and departure, and the planned departure information concerning Transport, along with the passengers' passports or travel documents.
The Agency shall collect the passports or travel documents of passengers who have been granted overnight stay and return them upon the passengers' departure.
The Provider shall provide ID cards to the passengers set forth in the preceding paragraph during their stay.
Passengers granted overnight stay and suspected of having communicable diseases listed in Article 3 of the Law on the Control of Communicable Diseases shall be escorted by the Provider along with quarantine officials to medical care institutions or facilities designated by the central competent health authority for treatment or quarantine.
The Provider shall dispatch employees to attend to the passengers granted overnight stay and arrange the earliest next day Transport possible for passengers’ departure, unless there are legitimate reasons to apply for permission to postpone the scheduled departure with the Agency..
Passengers granted overnight stay shall have their carry-on luggage inspected by customs; the remaining luggage shall be kept in the Transport or at customs. Passengers carrying New Taiwan Dollar, Chinese Yuan, foreign currencies or negotiable securities which exceeds the customs exempted amount shall report total value to customs and will be checked upon departure.
Passengers granted overnight stay shall collectively lodge in the hotels designated by the Agency and shall not leave the lodging facilities without permission.
Passengers granted overnight stay shall be escorted to the lodging facilities by the employees of the Provider; if they need to meet with relatives and/or friends or receive goods, they shall be required to obtain permission from the Agency and complete a reception application.
The Provider shall inform the Agency and dispatch employees to escort passengers granted overnight stay back to the restricted areas of the airport or seaport for the rest of the night when the passengers:
1. are, with sufficient evidence, suspected of having the intention to leave the lodging facilities without permission;
2. have met with a relative and/or friend or received goods without prior approval; or
3. have disturbed the peace and order of the lodging facilities.
The Provider shall forthwith inform the Agency and provide necessary assistance if the passengers set forth in the preceding paragraph leave the lodging facilities without permission.
The Agency shall require passengers to spend the night at the restricted areas of the airport or seaport if they:
1. meet the conditions set forth in paragraph 1 of Article 7 or paragraph 1 or 2 of Article 18; or
2. are banned from entering the States according to other laws and regulations.
3. are suspected of illegal entry and such suspicion is backed by sufficient evidence
The Agency shall require the passengers denied overnight stay to lodge at designated airport or seaport restricted area. The Provider shall dispatch employees to attend to these passengers and shall arrange the earliest next day Transport possible for their departure.
The effective date of the Regulations will be announced by the Ministry of the Interior.