February 27, 2025
Trial Implementation of the Pre-Review Mechanism for Foreign Investment Applications in Taiwan by the Ministry of Economic Affairs
1. Background
To enhance the efficiency and service quality of reviewing foreign investment applications in Taiwan, and to expedite the post-application review process, the Department of Investment Review of the Ministry of Economic Affairs (hereinafter referred to as the "DIR") implemented a trial project of the Pre-Review Mechanism for Foreign Investment Applications, starting from December 23, 2024. This initiative aims to create a more streamlined and investor-friendly environment for foreign investments.
2. Overview of the Pre-Review Mechanism
(1) Applicable Cases
This mechanism applies to foreign investments involving mergers and acquisitions (M&A) where the investment amount reaches or exceeds NTD 100 million. If the investment application procedures or relevant regulations require clarification, applicants may apply for this pre-review mechanism free of charge.
(2) Pre-Review Process
The pre-review mechanism follows three key steps:
1. Scheduling a Review Appointment
2. Facilitating the Review Process
3. Providing Pre-Review Opinions
Eligible applicants or their representatives may apply for a pre-review appointment or consultation with the "Pre-Review Office" of the DIR before formally submitting the investment application. The DIR will schedule consultation sessions based on appointment order to discuss the investment plan with the applicant. If necessary, inter-ministerial discussions may be arranged, and pre-review opinions will be provided accordingly.
The consultation and pre-review results are for reference only and are not legally binding on the applicant. Additionally, the case officers handling the official application may change, meaning the final decision will still be based on the formal review process.
(3) Formal Investment Application Process
After receiving the pre-review opinions, applicants must formally submit their foreign investment application to the DIR within a specified period (generally 30 days), along with the required application form and supporting documents. If the submitted investment plan differs from the pre-reviewed version, the formal application documents will serve as the basis for review.
To enhance the efficiency and service quality of reviewing foreign investment applications in Taiwan, and to expedite the post-application review process, the Department of Investment Review of the Ministry of Economic Affairs (hereinafter referred to as the "DIR") implemented a trial project of the Pre-Review Mechanism for Foreign Investment Applications, starting from December 23, 2024. This initiative aims to create a more streamlined and investor-friendly environment for foreign investments.
2. Overview of the Pre-Review Mechanism
(1) Applicable Cases
This mechanism applies to foreign investments involving mergers and acquisitions (M&A) where the investment amount reaches or exceeds NTD 100 million. If the investment application procedures or relevant regulations require clarification, applicants may apply for this pre-review mechanism free of charge.
(2) Pre-Review Process
The pre-review mechanism follows three key steps:
1. Scheduling a Review Appointment
2. Facilitating the Review Process
3. Providing Pre-Review Opinions
Eligible applicants or their representatives may apply for a pre-review appointment or consultation with the "Pre-Review Office" of the DIR before formally submitting the investment application. The DIR will schedule consultation sessions based on appointment order to discuss the investment plan with the applicant. If necessary, inter-ministerial discussions may be arranged, and pre-review opinions will be provided accordingly.
The consultation and pre-review results are for reference only and are not legally binding on the applicant. Additionally, the case officers handling the official application may change, meaning the final decision will still be based on the formal review process.
(3) Formal Investment Application Process
After receiving the pre-review opinions, applicants must formally submit their foreign investment application to the DIR within a specified period (generally 30 days), along with the required application form and supporting documents. If the submitted investment plan differs from the pre-reviewed version, the formal application documents will serve as the basis for review.
