1. The Ministry of Labor (hereinafterthe “Ministry”) established the Directions to assist foreign nationals engaging in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act (hereinafter “Foreign Nationals”). This initiative aims to ensure that Foreign Nationals can fully express their opinions and assert their rights when questioned by municipal governments, county (city) governments (hereinafter “Local Governments”), other administrative agencies, and police agencies. To facilitate this process, the Ministry has established a mechanism allowing non-profit organizations to accompany Foreign Nationals during the preparation of transcripts or interview records. The Directions are hereby promulgated.

2. The Directions are applicable to Foreign Nationals in any of the following situations:
(1)When Local Governmentshandle cases regarding violations of the Employment Service Act (Subparagraphs 5, 6, 7 or 9of Article 40, Article 44, Article 45, or Subparagraphs 1, 2, 3, 4, 7 or 8of Article 57), Foreign Nationals who are being questioned require to be accompanied during questioning.
(2)Foreign Nationals who have suffered personal assault (e.g. sexual assault, sexual harassment, or physical injury).
(3)Foreign Nationalswith work visas who are victims or suspected victims of human trafficking.
(4)Foreign Nationals who voluntarily surrendered, filed complaints, and provided evidence against false reports of their whereabouts being unknown.
(5)Foreign Nationals who have gone missing subsequent to filing complaints related to inappropriate treatment by their employers, private employment agencies, orpersonnel.
(6)Foreign Nationals who change to a new employer or engage in new work according to Article 59 of the Employment Service Act.
(7)Foreign Nationals who sufferan occupational accident.
(8)Foreign Nationals who have been determined as special cases by Local Governments in cases involving violations of the Employment Service Act, or who are involved in administrative litigation or criminal proceedings where it is necessary to prepare transcripts or interview records.
(9)Foreign Nationals who have a need of interpretation services in other special cases as determined by the Ministry.

3. The “non-profit organizations” in the Directions refers to:
(1) Registered social associationsthat explicitly stipulatein their bylaws that they provide services toForeign Nationals.
(2) Social welfare foundations.
(3) Social welfare and charity foundations.
(4) Religious organization or cultural and educational foundations that explicitly stipulate in their charter of endowment that they engage in social welfare activities.

4. Accompanying personnel is tasked with supporting the Foreign Nationals during questioning by helping them provide their statements, offering psychological assistance and legal consultation, and reminding them of their related rights and interests throughout the process. The assignment of accompanying personnel is carried out asfollows, taking into account the Foreign National’sopinions:
(1) Local Governmentsask anon-profit organizationsto undertake the assignment, which subsequently assigns accompanying personnel.
(2) Non-profit organizations assign accompanying personnel at the request of the Foreign National.
The interpreter is tasked with providing translation services, assisting in the accurate expression of the allegations and statements from the ForeignNationals duringquestioning, and facilitating communication between accompanying personnel and interviewers.
If the assigned accompanying personnel do not possess bilingual proficiency, interpreters shall be assigned separately. The assignment of interpreters will be carried out as follows, taking into account the Foreign National’s opinions:
(1) Local Governments assign theirown foreign consultation service personnel or interpreters designated by other governmental agencies and private organizations.
(2) Non-profit organizations assign their own interpreters or interpreters designated by other governmental agencies and private organizations.
Accompanying personnel and interpreters assigned by non-profit organizations shallmeet the accompanying reasonsstipulated in Point 2 and the qualifications stipulated in Point 5. If, upon confirmation,Local Governments determine that such accompanying personnel and interpreters do not comply with applicable requirements, related expenses will not be reimbursed.

5. Local Governments and non-profit organizations shalladhere to the following procedures (see flowchart in Attachment 1):
(1) Local Governments may request that non-profit organizations undertake the assignment of accompanying personnel, or non-profit organizations may assign accompanying personnel by themselves (see Qualificationsand Work Items of Note for Accompanying Personnel in Attachment 2).
(2) If accompanying personnel do not possess bilingual proficiency, Local Governments or non-profit organizations shall assign their own interpreters or those designated by other governmental agencies and private organizations separately (see Qualifications and Work Items of Note for Interpreters in Attachment 3).
(3) Accompanying personnel and interpreters shall arrive at the designated time upon receipt of notification, meet with the Foreign National to understand the case details, and assist in the preparation of transcripts (or records).
(4) Upon validating the completion of transcripts (or records), accompanying personnel and interpreters shallsign such transcripts (or records). Accompanying personnel and interpreters shall fill in the Report Form for Accompanying Foreigners During Questioning (see Attachment 4) and submit it to their non-profit organizations within three business days, and subsequently send it to the Local Government.
When Local Governments or non-profit organizations assign theirown personnel to accompany ForeignNationals during questioning or provide translation assistance, and if a particular case entails a significant number ofForeignNationals needing interpretation support under exceptional conditions, additional personal may be allocated.

6. The accompanying fee shall be subsidized as follows:
(1) Accompanying personnel shall receive a subsidy of NT$1,500 per case per instance.
(2) Transportation taken by accompanying personnel in the case, refers to travel within a city will bebuses or MRT, or, in the case of a long-distance travel, trains, public or private buses or high-speed rail. Reimbursement for those with varying seating grades will be calculated by the medium (standard) seat rate. When accompanying personnel drive their own cars or motorcycles, transportation expenses shall be reimbursed based on the fare for public or private buseson the same routes. When accompanying personnel are pressed for time, encounter difficulties in mobility, or travel at night, they may take a taxi for city travel, with reimbursement provided accordingly.
(3) For transcripts (or records) made in stages for the same case on the same day, the subsidy for accompanying fee will be calculated for only one instance. For transcripts (or records) made in stages for the same case on different dates, the subsidy for accompanying fee will be calculated separately.
Accompanying personnel who possess bilingual proficiency shall be paid the interpretation fee separately according to Clause 7.

7. The interpretation fee shall be subsidized as follows:
(1) Where Local Government foreign consultation service personnel assist with translation:
i. The transportation expenses for those who perform translation during working hours shall be paid on a reimbursement basis, in accordance with the Directions Governing Reimbursement of Domestic Business Travel Expenses and Standards for Subsidies to Various County/City Governments’ Funds for Foreign Nationals Consultation Service Personnel. Notwithstanding, no translation fee will be subsidized.
ii. Those who perform translationoutside working hours shall receive overtime pay calculated based on the extended working hours pursuant to the Labor Standards Act. Notwithstanding, the extended working hours shall not exceed 20 hours. The transportation expenses shall be paid on a reimbursement basis, in accordance with the Directions Governing Reimbursement of Domestic Business Travel Expenses and Standards for Subsidies to Various County/City Governments’ Funds for Foreign Nationals Consultation Service Personnel.
(2) Where non-profit organization interpreters or those designated by other governmental agencies and private organizations assist with translation, the following shall apply:
i. Recognition of hours:
(i) From the designated time as notified forinterpreter’s arrival or the actual start time of interpretation, until the actual end time of the interpretation.
(ii) From the third hour onward, durations of less than 30 minutes shall be counted as half an hour; durations of 30 minutes or more but less than one hour shall be counted as one hour.
(iii) The duration of interpretation shall not exceed four hours per instance, though it may be extended up to eight hours with the consent of the interpreter.
(iv) Upon completion of four consecutive hours of interpretation, subject to the interpreter’s consent, he/she may suspend the interpretation and take a break. The break time will be excluded from the interpretation hours. Notwithstanding, if the case is continuous or urgent in nature, the break time may be arranged separately.
ii. Calculation of fees:
(i) Daytime interpretation fee: The subsidy, NT$1,000, will be paid for the first two hours, and NT$500 per hour from the third hour on, in each case/instance.
(ii) Nighttime interpretation fee: For interpretations provided at night (from 22:00 until 6:00 the next day), the subsidy, NT$2,000, will be paid for the first two hours, and NT$1,000 per hour from the third hour on, in each case/instance.
(iii) For the first two hours in each case/instance which span both daytime and nighttime, the nighttime interpretation fee rate shall apply. Where, as of the third hour onward, the interpretation hours span daytime and nighttime, the fees for the hours spanning said periods shall be calculated based on the nighttime interpretation fee rate, while the other hours will be calculated based oninterpretation fees applicable to various time periods.
(iv) The interpreter’s transportation expenses shall be paid on a reimbursement basis, aswith accompanying personnel outlined in Point 6.

8. Creation of a list of accompanying personnel and interpreters for record-keeping:
(1) When a non-profit organization sends its own personnel to accompany ForeignNationals undergo questioning, it shall create related files containing the qualifications and names of accompanying personnel and interpreters, and submit the files to the competent Local Government for record-keeping, with a copy submitted to the Workforce Development Agency of theMinistry.
(2) In the event changes are made to information about accompanying personnel or interpreters, such changes shall be submitted to the competent Local Government, with a copy submittedto the Workforce Development Agency of the Ministry.

9. Procedure for claiming accompanying and interpretation fees:
(1) Where the ForeignNational assisted by accompanying personnel or interpreters meet the requirements detailed in Subparagraphs 1, 2, or 4 to 9 of Point 2, the annual Employment Security Fund will cover the subsidy forthe Local Government’s implementation of the “Foreign National Consultation Service Center” program, as a partof Local Government funding operationsof the “Foreigners Consultation Service Center” organized once every four months. The Local Governmentsmay claimfundingfrom the Workforce Development Agency of the Ministry andverify the settlement report accordingly.
(2) Where ForeignNationals assisted by accompanying personnel or interpreters meet the requirements detailed in Subparagraph 3 of Point 2, the annual Employment Security Fund will cover the cost of Local Government implementation of the “Foreign National Temporary Accommodation and Placement Expenses” program. Meanwhile, upon termination of the placement, it shall be included in the settlement report for cases on the placement and protection of victims or suspected victims of human trafficking who hold work visas. Notwithstanding, those who continue to be placed across two separate years shall be included into the settlement report on the placement and protection expenses for the current year.

10. Non-profit organizations, other government agencies and private organizations shallsubmit the previous month’s “Receipt Registry for Accompanying Foreign Nationals During Questioning and Interpretation Fee” (see Attachment 5) in triplicate and one copy ofthe bill to relevant Local Governments forreview by the 10th day of each month.Notwithstanding, accompanying orinterpretation fees which meet therequirements under Subparagraph 3 ofPoint 2 shall be included in billing operations for the annual EmploymentSecurity Fund to cover the subsidy forthe Local Governments’ implementing the “Foreign Nationals Temporary Accommodation and Placement Expenses” program.
If the deadline outlined in the preceding paragraph is not met, a written explanation and corrective action plan shall be submitted to the Local Government. No related subsidywill be granted without justified reason.

11. Upon receipt of billing statements for accompanying and interpretation fees from non-profit organizations, other government agencies and private organizations asked by the Local Governmentto send personnel, the Local Governmentsshall verify and allocate the funds upon confirmation that the relevant requirements were met, by the 25th day of each month.