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The Investment Environment of the R.O.C. on TaiwanI. Application Procedures for Foreign and Overseas Chinese Investors
1. Investors should first submit the name chosen for their company in the ROC to the Department of Commerce, MOEA, for verification and recording.
For investments in ordinary industrial zones (excluding export processing zones and science parks), investors should file their application with the Investment Commission, MOEA. (Address: 8F, 7 Roosevelt Rd., Sec. 1, Taipei, Taiwan, ROC; Tel: (02) 3343-5700).
2. Current investment application examination procedures are as follows:
(1) For investments or capital increases that involve no more than NT$500 million and are not in areas listed in the Negative List for Investment by Overseas Chinese and Foreign Nationals, the examination procedure will be completed within an average of just two days.
(2) For investments or capital increases that involve NT$500 million to NT$1.5 billion and are not in areas listed in the Negative List for Investment by Overseas Chinese and Foreign Nationals, the examination procedure will be completed within an average of just three days.
(3) For major investment or capital increase cases that involve NT$1.5 billion or more and are in areas listed in the Negative List for Investment by Overseas Chinese and Foreign Nationals, the examination procedure will be completed within an average of 14 days.
(4) The examination procedure for applications to invest via merger, acquisition, or corporate splits, but which do not involve investment in the area of mainland China and are not extraordinary cases, will be completed in an average of 21 days.
3. After receiving approval for their investment, investors may use their letter of approval to apply for inward remittance of capital and, after the completion of capital verification by the Investment Commission of the Ministry of Economic Affairs, may carry out company registration, business registration, and application for factory construction and utilities according to the process detailed in the flowchart on the next page.
II. Application Procedures for the Establishment of Branches or Representative Offices
1. Branch: First apply to the Commerce Department, MOEA for investigation and approval of the foreign company's Chinese-language name and its business within the territory of the Republic of China, and then apply to the same department for foreign-company recognition, investment verification, and registration of branch office in the ROC. (For the establishment of branches within science parks or export processing zones, following application to the Commerce Department for investigation and approval, application for branch office registration should be submitted to the Science Park Administration of the National Science Council or the Export Processing Zone Administration of the MOEA.) Then register the business with the department of reconstruction of the city or county government in the jurisdiction of which the branch is located.
2. Representative office: Report the establishment of the representative office to the Department of Commerce and obtain a certificate of approval.
Note: Regarding application to establish factories in economic processing zones and science parks, please see chapter 9 and Chapter 10.
Source: Investment Commission, MOEA
There are different investment application procedures for investment in factories in Taiwan by overseas Chinese and foreign nationals, and for foreign companies that establish branches or offices in Taiwan.
6 Chapter 6
Procedures for Investment
Application
23＞
The Investment Environment of the R.O.C. on Taiwan
Investment Flow Chart for Ordinary Areas
Source: Investment Commission, MOEA Board of Foreign Trade,
MOEA (apply for import of equipment, machineries and raw
materials)
Banks (remittances)
Customs (customs declaration and
delivery) Industrial Development &
Investment Center, MOEA (handles enquires, provides services)
Overseas Chinese and Foreign Investors
The Department of Commerce, MOEA (apply for company name
search)
Investment Commission, MOEA (investment application)
Investment Commission, MOEA (investment permission)
Banks (remit capital in)
Investment Commission, MOEA (Examination of funds)
Local county or city government (business registration)
Begin Operations Central Office of MOEA Taipei City Government Kaohsiung City Government (carry out plant establishment
registration in the area of the planned plant) 1. Department of Commerce, MOEA
(capital of at least NT$500 million) 2. Central Office of MOEA Taipei City
Government
Kaohsiung City Government (capital under NT$500 million)
Export Processing Zone Administration (Companies within EPZs)
Science Park Administration (Companies within Science Parks)
Industrial Zone Development Unit (land purchasing)
Local county or city government (factory establishment permit)
Local county or city government (apply for factory construction license if in an urban development
area)
Apply for factory operating license from unit
issuing construction
permit
Water Company;
Power Company;
Telecom- munications Bureau (apply
for water, power, communications)
