1. To strengthen the protection of personal safety of foreign nationals and prevent them from becoming victims of sexual assault, while enhancing communication and division of responsibilities among related agencies, the following principles (the “Principles”) are hereby established

2. The Principles apply to foreign nationals (“Foreign Nationals”) employed to perform work prescribed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act.

3. Sexual assault cases involving Foreign Nationals shall be handled as follows:
(1) Reporting and handling procedures shall be conducted by related agencies in accordance with the Sexual Assault Crime Prevention Act and the Enforcement Rules for the Sexual Assault Crime Prevention Act.
(2) Matters involving communication and division of responsibilities among agencies related to Foreign Nationals shall be handled in accordance with the Principles.
(3) Matters concerning the rights, interestsor punishment of Foreign Nationals or their employers shall be handled in accordance with the Employment Service Act, the Regulations on the Permission and Administration of the Employment of Foreign Workers by Employers, the Labor Standards Act and other related laws.

4. In accordance with Article 6 of the Sexual Assault Crime Prevention Act, each municipality and county (city) government shall establish sexual assault prevention center(s) and coordinate with related agencies to handle the following matters related to the prevention of sexual assault crimes and the protection of victims’ rights and interests:
(1) Provide a 24-hour telephone hotline service.
(2) Provide 24-hour emergency assistance to victims.
(3) Assist victims with medical treatment, injury examinations, and evidence collection.
(4) Provide victims with psychotherapy, counseling, emergency placement, legal consultation, and related services.
(5) Assist victims in applying for an extension of their residence certificate.
Since employment rights and labor disputes may also be involved for Foreign Nationals working in Taiwan, the labor authorities of each municipality and county (city) shall assist Foreign Nationals who are victims of sexual assault with the following matters:
(1) Arranging to change employer or the repatriation of the Foreign Nationals.
(2) Handling labor disputes.
Pursuant to Article 15 of the Crime Victim Rights Protection Act, protection organizations and their branches may provide necessary assistance and other protective measures during the investigation, trial, and post-trial period.

5. When a Foreign National is sexually assaulted, in addition to the report filed by the responsible personnel specified under Article 11 of the Sexual Assault Crime Prevention Act, the following entities, upon learning of any suspected sexual assault involving a Foreign National, shallimmediately report the case to the local sexual assault prevention center no later than 24 hours:
(1) Sexual assault prevention centers of municipalities and counties (cities) or the 113 Protection Hotline: If a Foreign Nationals has been sexually assaulted, he/she may directly file a complaint or seek assistance from the sexual assault prevention center(s)of the related municipality or county (city), or call the 24-hour 113 Women and Children Protection Hotline, which then refers the case to the sexual assault prevention center in the area where the Foreign Nationals resides.
(2) Police authorities under the National Police Agency, Ministry of the Interior, or the nationwide 110 Crime Reporting Hotline: If a Foreign Nationals has been sexually assaulted, he/she may file a complaint with any police authority under the National Police Agency or call the nationwide 110 Crime Reporting Hotline, which then refers the case to the police department in the area where the Foreign National resides. The police department shall report the case to the local sexual assault prevention center within 24 hours.
(3) Hospitals, clinics, and other medical institutions of municipalities and counties (cities): Medical personnel shallreport cases to the local sexual assault prevention center within 24 hours.
(4) Foreign Workers Consultation Service Centers of municipalities and counties (cities): If a Foreign National has been sexually assaulted, he/she may file a complaint with the local Foreign Workers Consultation Service Center or call its service hotline of the related municipality or county (city), which shall immediately report the case to the local sexual assault prevention center within 24 hours.
(5) Representative offices in Taiwan of Foreign Nationals’ countries of origin: If a Foreign National has been sexually assaulted, he/she may file a complaint with his/her home country’s representative office in Taiwan or call the hotline of such office. The office shall immediately report the case to the local sexual assault prevention center within 24 hours.
(6) Foreign national placement facilities: If a Foreign National has been sexually assaulted, he/she may seek assistance from foreign national placement facilities registered with the Workforce Development Agency (WDA), Ministry of Labor, or call the hotline of such unit(s). The facilities shall immediately report the case to the local sexual assault prevention center within 24 hours.
(7) The 1955 Labor Consultation and Complaint Hotline established by the Ministry of Labor: If a Foreign National has been sexually assaulted, he/she may file a complaint through the 1955 hotline. The hotline shall immediately report the case to a sexual assault prevention center within 24 hours.

6. The sexual assault prevention centers of municipalities and counties (cities) shall coordinate with local labor authorities, police agencies, and the representative officesin Taiwan of the Foreign Nationals’ countries of origin to jointly utilize administrative resources and assist in handling relevant labor affairs, and shall cooperate in the following matters:
(1) After receiving a report of a sexual assault involving a Foreign National, sexual assault prevention centersof municipalities or counties (cities) shall assign social workers according to their authority and responsibilities to directly assist the victim, providing necessary protection measures. After consulting the Foreign National regarding his/her needs and wishes, the center shall request the assistance of the local labor authority of the municipality or county (city) in providing interpretation, emergency placement, legal consultation and related services, litigation assistance, arrangements to change employers or repatriation, and the handling of labor disputes, so as to safeguard the personal safety and related rights and interests of the Foreign National.
(2) In order for the WDA to keep track of cases involving Foreign Nationals who are victims of sexual assault ofmunicipalities and counties (cities), the Ministry of Health and Welfare periodically (quarterly) provides the WDA with statistical data on sexual assault cases involving Foreign Nationals, to facilitate the WDA’s analysis and consideration in formulating administration measures for Foreign Nationals.

7. To strengthen coordination among related agencies and clarify responsibilities in handling sexual assault cases involving Foreign Nationals sexual assault prevention centers of municipalities and counties (cities), labor authorities, police authorities, health authorities, the representative offices in Taiwan of Foreign Nationals’ countries oforigin, foreign national placement facilities, private employment service institutions, and the WDA shall cooperate in undertaking the following primary and assisting responsibilities.
(1) Medical treatment:
i. Primary responsibilities: Depending on the needs of the sexually assaulted Foreign National, social workers shall accompany them to a hospital or clinic for general or emergency medical treatment. (Responsible agencies: sexual assault prevention centers of municipalities and counties (cities).)
ii. Assisting responsibilities: Assist in addressing any shortfall in the medical expenses of Foreign Nationals. (Assisting agencies: representative officesin Taiwan of the Foreign Nationals’ countries of origin; private employment service institutions.)
(2) Injury assessment:
i. Primary responsibilities: Depending on the needs of the sexually assaulted Foreign National, social workers shall assist in arranging an injury assessment. (Responsible agencies: sexual assault prevention centers of municipalities and counties (cities).)
ii. Assisting responsibilities: Provide interpretation assistance. (Assisting agencies: Foreign Workers Service Centers of municipalities and counties (cities); representative offices in Taiwan of Foreign Nationals’ countries of origin; foreign national placement facilities.)
(3) Reporting to the police and evidence collection:
i. Primary responsibilities: Depending on the needs of the sexually assaulted Foreign Nationals, social workers shall accompany them to the police department of the related municipality or county (city) to file a police report and attend police questioning. The police department shall conduct interrogations, prepare interrogation records, assist with injury assessment and evidence collection, and forward proof of injury and evidence for legal proceedings. (Responsible agencies: sexual assault prevention centers and police departments of municipalities and counties (cities).)
ii. Assisting responsibilities:
(i) Provide interpretation assistance. (Assisting agencies: Foreign Workers Consultation Service Centers of municipalities and counties (cities); representative offices in Taiwan of Foreign Nationals’ countries of origin; foreign national placement facilities.)
(ii) During the investigation process, police departments of municipalities and counties (cities) shall issue official documents confirming whether the case has been accepted for investigation and the status of referral for prosecution, and provide such documents to the local labor authority, which then forwards them to the WDA to process a change in employer for the Foreign National. (Assisting agency: police departments of municipalities and counties (cities).)
(4) Psychotherapy and counseling:
i. Primary responsibilities: Assign social workers to assist in providing psychotherapy or counseling. (Responsible agencies: sexual assault prevention centers of municipalities and counties (cities).)
ii. Assisting responsibilities: Provide interpretation assistance. (Assisting agencies: Foreign Workers Consultation Service Centers of municipalities and counties (cities); representative offices in Taiwan of Foreign Nationals’ countries of origin; foreign national placement facilities.)
(5) Emergency placement:
i. Primary responsibilities: Provide emergency placement or coordinate with the labor authorities of municipalities and counties (cities) to arrange placement according to the wishes of the sexually assaulted Foreign National. (Responsible agencies: sexual assault prevention centers of municipalities and counties (cities).)
ii. Assisting responsibilities: The labor authorities of municipalities and counties (cities) may assist in arranging placements or coordinate with foreign national placement facilities to provide accommodation for victims. Notification procedures shall follow Point 8 of the Operational Directions for Temporary Placement of Foreign Nationals Employed to Perform Work Prescribed under Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act. (Assisting agencies: labor authorities of municipalities and counties (cities); foreign national placement facilities; representative offices in Taiwanof Foreign Nationals’ countries of origin.)
(6) Legal consultation and services:
i. Primary responsibilities: Provide assistance in legal proceedings, legal consultation, and related financial subsidies. (Responsible agencies: sexual assault prevention centers of municipalities and counties (cities).)
ii. Assisting responsibilities:
(i) Assist in providing legal consultation, accompanying the victim to court, interpretation, appointment of pro bono lawyers, subsidizing legal and litigation fees, or referring the case to local branches of the Association for Victims Support for legal assistance or support during investigation, trial, and post-trial proceedings. (Assisting agencies: Foreign Workers Service Centers in municipalities and counties (cities); representative offices in Taiwan of Foreign Nationals’ countries of origin; local branches of the Association for Victims Support.)
(ii) Assist, upon a request from the Foreign National, in handling matters related to civil compensation. (Assisting agencies: representative offices in Taiwanof Foreign Nationals’ countries of origin.)
(7) Other matters:
i. Primary responsibilities:
(i) Provide subsidies for medical treatment and psychological rehabilitation expenses. (Responsible agencies: sexual assault prevention centers of municipalities and counties (cities).)
(ii) Assist in contacting Foreign Nationals’ family members. (Responsible agencies: representative offices in Taiwan of Foreign Nationals’ countries of origin; private employment service institutions.)
(iii) Dispatch personnel to express consolations to the victim and offer condolence money. (Responsible agencies: WDA; labor authorities of municipalities and counties (cities); representative offices in Taiwan of Foreign Nationals’ countries of origin; private employment service institutions.)
(iv) Provide other protection measures in accordance with Article 15 of the Crime Victim Rights Protection Act. (Responsible agency: local branches of the Association for Victims Support.)
Sexual assaults are non-complaint-based offenses. Prior to the completion of an investigation or during prosecution, court appearances remain necessary. The related authorities shall not facilitate private settlements between the Foreign Nationals and their employer, the care recipient or other cohabiting relatives thereof (hereinafter collectively referred to as the employer), nor will they arrange for repatriation of the Foreign Nationals. To properly ensure assistance for the Foreign Nationalsin changing employer or arranging repatriation, sexual assault prevention centers, labor authorities, police authorities, representative offices in Taiwan of Foreign Nationals’ countries of origin and foreign national placement facilities shall coordinate and proceed in accordance with related regulations.
(1) Arranging a change of employer for Foreign Nationals:
i. Primary responsibilities:
(i) When a Foreign National who has suffered sexual assault needs to change his/her employer, the labor authority of the municipality or county (city) shall submit the employer’s written admission of the criminal act to the WDA, or documentation from the municipality or county (city) government confirming, by its authority, that there is reasonable suspicion of the employer’s criminal conduct, or an indictment issued by the prosecutor. If the case is still under investigation, the referral papers from the police for a judicial authority’s investigation or official proof of such a referral, the victim’s written notice of unilateral termination of the employment contract with the employer (e.g., a legal attest letter), and proof of service to the employer (e.g., return receipt for the legal attest letter) shall be submitted to the WDA for the processing of change of employerfor the Foreign Nationals. (Responsible agencies: labor authorities of municipalities and counties (cities).)
(ii) Based on the aforementioned documents, the WDA shall process the foreign national’s change of employer. The WDA shall also record in its system a temporary restriction on any applications by the employer to hire foreign workers. The restriction may be lifted only upon submission of related proof showing a court ruling of “not guilty” or a “non-indictment” disposition regarding the employer. (Responsible agency: the WDA.)
ii. Supporting responsibilities: To facilitate the handling of the Foreign National’s change of employer by the labor authority, police authorities of municipalities and counties (cities) shallprovide labor authorities of municipalities and counties (cities) with confirmation on whether the case concerned has been accepted for investigation and the current status of referral or prosecution. (Supporting agencies: police authorities of municipalities and counties (cities).)
(2) Helping victims of human trafficking apply for work permits:
i. Primary responsibilities:
(i) A Foreign National who has suffered sexual exploitation as a result of human trafficking, and has been identified as a trafficking victim, and who has been granted or currently holds a valid residence certificate by the National Immigration Agency (NIA) of the Ministry of the Interior, may apply for a work permit through a foreign national placement facility. The facility will assist in submitting the application form, photocopies of an unexpired temporary residence certificate or a valid residence certificate, and photocopies of documentary proof issued by judicial or police authorities identifying the applicant as a victim of human trafficking, to the WDA for approval of the work permit. (Responsible agencies: foreign national placement facilities.)
(ii) The WDA may issue a work permit for the human trafficking victim based on the aforementioned application materials and shall notify the NIA accordingly. (Responsible agency: the WDA.)
ii. Supporting responsibilities: If a human trafficking victim who has been granted a work permit subsequently has their valid residence certificate revoked, the NIA shall notify the WDA. (Supporting agencies: local NIA service centers.)
(3) Revocation of employer permits: If an employer, with respect to a Foreign National hired by the employer, commits an offense under Articles 221 to 229 of the Criminal Code, and the case is referred by the police authorities, indicted by a prosecutor, or convicted by the court of first instance, the WDA shall, in accordance with the law, revoke the employer’s recruitment and employment permits. (Responsible agency: the WDA.)
(4) Arranging repatriation of Foreign Nationals:
i. Primary responsibilities: When the judicial investigation of a case involving a ForeignNational has been completed, and the Foreign National is no longer required to appear for judicial proceedings and expresses a desire to return to his/her home country, the labor authorities of the local municipality or county (city) shall arrange for repatriation. (Responsible agencies: labor authorities of municipalities and counties (cities).)
ii. Supporting responsibilities: Assistance in arranging the repatriation of Foreign Nationals. (Supporting agencies: representative offices in Taiwan of Foreign Nationals’ countries of origin, foreign national placement facilities, and private employment service institutions.)
(5) Handling Labor Disputes: Handling disputes between Foreign Nationals and their employers or private employment service institutions, concerning wages, service fees, loans, savings, income tax, and other labor-related matters. (Responsible agencies: labor authorities of municipalities and counties (cities).)
(6) Criminal liability of employers: Under Article 221 of the Criminal Code, sexual assault crimes are non-complaint-based offenses. Once the case is referred for investigation, the employer or other perpetrator(s)shall be subject to criminal proceedings and punished according to the outcome of the criminal judgment. (Responsible agency: courts.)
(7) Violations of the Employment Service Act by employers:
i. Prior to a judgment by a court, the WDA shall, based on the employer’s written admission of criminal conduct submitted by the local municipality or county (city), documentation from the municipality or county (city) confirming, by its authority, reasonable suspicion of the employer’s criminal conduct, the prosecutor’s indictment, referral papers from the police for a judicial authority’s investigation or official proof of such a referral, the victim’s written notice of unilateral termination of the employment contract with the employer (e.g., a legal attest letter) and proof of service to the employer (e.g., return receipt of the legal attest letter), deem the reason for contract termination not attributable to the Foreign National under Subparagraph 4, Article 59 of the Employment ServiceAct, and approve a change of employer. The WDA shall also temporarily restrict any subsequent applications by the employer to hire foreign nationals in its system. Furthermore, the WDA may revoke the employer’s recruitment and employment permits based on the employer’s written admission of criminal conduct or the prosecutor’s indictment. (Responsible agency: the WDA.)
ii. Once the employer is found guilty by a court’s final judgment, the WDA shall, in accordance with the provisions regarding serious violations of labor protection-related laws and regulations under Subparagraph 16, Paragraph 1, Article 54 of the Employment Service Act, revoke the employer’s permit, and, for the employer’s violation of Article 28 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, reject any subsequent applications by the employer to hire foreign workers. (Responsible agency: the WDA.)
iii. If the employer receives a non-indictment disposition or is acquitted by the court, he or she may submit related judicial documents to the WDA, and the WDA may lift the restriction on the employer’s foreign worker applications and allow subsequent applications (including replacements and recruitment permits). If the Foreign National concerned has not yet changed employer and still remains in Taiwan, the WDA shall revoke the previously granted approval for change of employer and order repatriation. If the Foreign National has already changed employer and obtained a new employment permit, the WDA shall revoke such permit and order repatriation. (Responsible agency: the WDA.)

8. The Ministry of Health and Welfare shall promote sexual assault prevention education for Foreign Nationals, in order to enhance their awareness of available assistance channels and the protection of their rights.
Each municipality and county (city) government shall coordinate to ensure its labor authorities and sexual assault prevention centers work closely together in promoting sexual assault prevention education for Foreign Nationals.
The WDAshall also promote sexual assault prevention education for Foreign Nationals.

9.ThePrinciplesshall take effect for implementation upon approval, with the same applying to any subsequent amendments.