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1.The full text of 23 articles formulated and promulgated in joint names by orders of the Ministry of Transportation and Communications No. (83) Jiao-Hang-Fa-Zi-8324 and the Council of Labor Affairs of the Executive Yuan No. (83) Tai-Lao-Zi-Yei-Zi-43241 on July 7, 1994.
2.Amendments to the title, Article 1, 3, 4, 5, 8, 22 and 23, and deletion of Article 2 were promulgated by the order of the Ministry of Transportation and Communications No. Jiao-Hang-Fa-Zi-093B000006 on January 27, 2004.
3.Amendments to Article 8 and 23, and deletion of Article 5 were promulgated by the order of the Ministry of Transportation and Communications No. Jiao-Hang-Zi-0980085056 on October 22, 2009. But the enforcement date of the paragraph 3 and the paragraph 4 of Article 8 shall be determined by the competent authority.
The paragraph 3 and the paragraph 4 of Article 8 shall take effect from January 1, 2010, by the order of the Ministry of Transportation and Communications No. Jiao-Hang-Zi-09800106681 on November 16, 2009.
4.Amendment to Article 1 was promulgated by the order of the Ministry of Transportation and Communications No. Jiao-Hang-Zi-1000007630 on August 12, 2011.
5.Amendment to Article 8 was promulgated by the order of the Ministry of Transportation and Communications No. Jiao-Hang-Zi-10150117091 on August 13, 2012.
6.In accordance with Jiao-Hang-Zi Order No. 10450104251 of the Ministry of Transportation and Communications on August 10, 2015, Articles 6~10, 13, 17, 18, and 23 have been issued and took effect as of the issued date, and Article 7 shall take effect on December 27, 2015.
7.Amendment to Article 11、16 were promulgated by order of the Ministry of Transportation and Communications No. (1) Jiao-Hang-Zi-10698003311 dated January 9, 2018.
8.Article 8～11, 18, deletion of Article 22, were promulgated by order of the Ministry of Transportation and Communications No. Jiao-Hang-Zi-10750153421 dated November 20, 2018.
9. Amendments to Article 8 were promulgated by order of the Ministry of Transportation and Communications No. Jiao-Hang-Zi-1115000008 dated January 7, 2022.
Article 8
Vessel owners or operators shall first consider qualified domestic seafarers before employing foreign national seafarers.
Vessel owners or operators that employ foreign national seafarers are required to comply with the following provisions:
1. Officer: The Deck Department and Engine Department can hire one officer separately for the positions of first-class deck officer and first-class engineer officer or second-class chief mate and second-class second engineer officer on each vessel, who shall not hold master’s or chief engineer officer’s positions.
2. Rating: The number of foreign national ratings on any vessel shall not exceed half of the total number of ratings stipulated on the minimum safety manning certificate.
In the case that a foreign flag vessel registered under the R.O.C. cannot employ a domestic first-class chief mate or first-class second engineer officer or does not have insufficient R.O.C. national ratings, the proportion of positions and personnel stipulated in the above paragraph may be adjusted through application to the Maritime Administration with following methods:
1. Officer: The Deck Department and Engine Department may each hire one officer separately for the positions of first-chief officer and first-class second engineer office on each vessel, who shall not hold master’s or chief engineer officer’s positions.
2. Rating: The number of foreign national ratings on any vessel shall not surpass two-thirds of the total number of ratings stipulated in the seafarer minimum safety quota certificate. The adjustments approved after submitting application as stipulated in the above paragraph are limited to one year and then can be extended for another year.
With regard to oil tankers, liquid chemical tankers, liquefied gas carriers, high speed vessels, vessels equipped with special main engine and equipment, or vessels engaging in offshore wind power business, cargo transportation for outlying islands, or marine engineering, if the vessel owners or operators have publicly solicited domestic seafarers for at least 14 days and failed to find qualified seafarers, they may submit an application form along with a domestic seafarer training plan to the Maritime Administration to apply for the adjustment of hiring foreign national seafarers in accordance with the following ways. The aforementioned adjustment term shall be limited to one year. Those who have reopened for public solicitation of domestic seafarers for at least 14 days yet failed to find qualified seafarers, may apply for an extension of another year if necessary:
1. Officer: The Deck Department and Engine Department can hire two officers separately, on each vessel, who shall not hold master’s or chief engineer officer’s positions.
2. Rating: After meeting the proportion for hiring foreign national seafarers stipulated in Subparagraph 2 of Paragraph 2 or Subparagraph 2 of Paragraph 3, the number of additional foreign national seafarers hired beyond the minimum safe manning is not limited by the proportion.
For vessels engaging in offshore wind power business, cargo transportation for outlying islands, or marine engineering stipulated in the above paragraph, the adjustment method of the positions and personnel for hiring foreign national seafarers shall remain in effect until December 31, 2025.
The number of foreign national seafarers employed in accordance with Paragraphs 3 and 4 shall not be transferred to other domestic vessels owned by the vessel owners or operators.
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