Regulations Governing The Overnight Stay Of Transit Passengers
1.The enacted Act with all 12 articles was promulgated by the Ministry of
Interior Order (88) Tai-Nei-Yi-Zi No. 8878717 on Dec 15, 1999, and became
effective on the same date of promulgation.
2.The amended Act with all 13 articles was promulgated by the Ministry of
Interior Order Tai-Nei-Yi-Zi No. 0970900413 on Jul 25, 2008 ; the date of its
effect is to be set by the Ministry of Interior.
3.The Act was promulgated and became effective by the Ministry of Interior
Order Tai-Nei-Yi-Zi No. 0971035715 on Aug 1, 2008.
4.The Act was promulgated and became effective by the Ministry of Interior
Order Tai-Nei-Yi-Zi No. 1040954927 on Nov 16, 2015.
Article 1 The Regulations are enacted in accordance with paragraph 2 of Article 20 of the
Immigration Act (hereinafter referred to as the “Act”) .
Article 2 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
an unscheduled return of its journey.
3. Force majeure or unavoidable cause that necessitates an overnight stay.
4. Diplomatic courtesy or humanitarian grounds that necessitates an overnight
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.
Article 3 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.
Article 4 The Agency shall verify the passports or travel documents of passengers who
have been granted overnight stay and give them to the Provider, who will
return them upon the passengers' departure.
The Provider shall provide ID cards to the passengers set forth in the
preceding paragraph during their stay.
Article 5 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.
Article 6 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.
Article 7 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.
Article 8 Passengers granted overnight stay shall collectively lodge in the hotels
designated by the Agency and shall not leave the lodging facilities without
Article 9 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.
Article10 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
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.
Article11 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
Article12 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.
Article13 The Regulations will become effective after promulgation.
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