一、 本書收錄現行與入出國及移民業務有關之法律、命令、行政規
則，期間迄113 年5 月27 日止。為便於參考運用，全書按總
目次、法規條文內容及附錄之順序編排。同時，於書末按各法
規名稱首字之筆劃數，依序編列法規名稱索引，以提升查閱速
度。
二、 總目次係依業務性質區分為「基本法規篇」、「入出國及移民
篇」、「外國專業人才事務篇」、「大陸事務篇」、「港澳事務
篇」、「人口販運篇」、「警政、兵役及戶政篇」及「其他篇」等
八大類，並考量法規查閱之便利，將「入出國及移民」及「大
陸事務」二大類，分別依據入出國及移民法、臺灣地區與大陸
地區人民關係條例等母法條文之順序，編排相關之命令及行政
規則。
三、 本書將相關判解函釋一併收錄於相關條文後，為便於識別、檢
索，爰標明下列符號：
★—代表憲法法庭判決或司法院大法官會議解釋，可查閱附
錄。
◆—代表(行政)法院判例或判決。
◎—代表相關函釋。
四、 附錄司法院大法官或憲法法庭就移民事務有關之解釋或判決
（節錄），並按解釋文號或判決字號依序排列，且加註關係法
規及判決或解釋日期，以利查閱。各類別法規條文內容及附錄
前均以色紙區隔。
五、 本書內容雖經多次校勘，疏漏誤植之處仍恐難免，尚祈各界賢
達不吝惠告本署編輯單位(秘書室法制科)，俾於下次編印時修
正，使本書更臻完善。

壹、基本法規篇
中華民國憲法 ············································································· 1
中華民國憲法增修條文 ································································ 20
中央法規標準法 ········································································· 26
中央行政機關組織基準法 ····························································· 30
行政程序法 ··············································································· 37
行政罰法 ·················································································· 68
訴願法 ····················································································· 78
訴願扣除在途期間辦法 ································································ 94
行政院及各級行政機關訴願審議委員會審議規則 ····························· 102
行政訴訟法 ············································································· 108
行政執行法 ············································································· 171
中華民國刑法 ·········································································· 181
刑事訴訟法 ············································································· 245
提審法 ··················································································· 356
民法（總則、親屬、繼承） ························································ 359
涉外民事法律適用法 ································································· 420
司法院釋字第七四八號解釋施行法 ··············································· 429
國家賠償法 ············································································· 433
國家賠償法施行細則 ································································· 436
內政部移民署國家賠償事件處理要點 ············································ 444
國家安全法 ············································································· 454
國家安全法施行細則 ································································· 460
國家情報工作法 ······································································· 468
國家機密保護法 ······································································· 477
國家機密保護法施行細則 ··························································· 484
政府資訊公開法 ······································································· 491
內政部及所屬機關提供政府資訊收費標準 ······································ 497
檔案法 ··················································································· 498
個人資料保護法 ······································································· 503
ii 入出國及移民法令彙編
個人資料保護法施行細則 ··························································· 516
通訊保障及監察法 ···································································· 522
通訊保障及監察法施行細則 ························································ 533
規費法 ··················································································· 543
偵查不公開作業辦法 ································································· 548
內政部移民署所屬人員遵守偵查不公開原則作業要點 ······················· 552
內政部移民署發言人制度及新聞處理作業規定 ································ 554
貳、入出國及移民篇
內政部移民署組織法 ································································· 559
內政部移民署處務規程 ······························································ 561
內政部移民署編制表 ································································· 565
內政部移民署各類人民申請案件處理時限表 ··································· 569
入出國及移民法 ······································································· 575
入出國及移民法施行細則 ··························································· 622
入出國查驗及資料蒐集利用辦法 ·················································· 630
申請及使用入出國自動查驗通關系統作業要點 ································ 636
內政部移民署執行前站查驗要點 ·················································· 640
內政部及所屬機關涉及國家安全人員申請出國辦法 ·························· 641
涉及國家安全人員申請出國聯繫要點 ············································ 642
辦理或核定國家機密現職退離職或移交人員出境作業規定 ················· 644
不予許可或禁止臺灣地區無戶籍國民入國及限制再入國期間處理原則 ·· 648
國民涉嫌重大經濟犯罪重大刑事案件或有犯罪習慣不予許可或禁止入出
國認定標準 ············································································· 650
偵辦跨國性毒品犯罪入出境協調管制作業辦法 ································ 652
臺灣地區無戶籍國民居留配額表 ·················································· 654
臺灣地區無戶籍國民停留居留及定居許可辦法 ································ 656
臺灣地區無戶籍國民停留居留及定居作業規定 ································ 666
臺灣地區無戶籍國民申請在臺灣地區居留或定居不予許可期間處理原則 671
內政部入出國及移民署限令臺灣地區無戶籍國民出國審查會設置要點 ·· 672
臺灣地區無戶籍國民強制出國處理辦法 ········································· 674
滯臺泰國緬甸地區國軍後裔申請居留或定居許可辦法 ······················· 679
目錄 iii
入出國及移民法第十八條第一項第十四款及第二十四條第一項第十三款
之妨害善良風俗行為認定基準 ····················································· 682
外國人臨時入國許可辦法 ··························································· 683
過境乘客過夜住宿辦法 ······························································ 687
外國人申請居留或變更居留原因不予許可期間處理原則 ···················· 690
外國人申請永久居留案件審查基準 ··············································· 694
外國人申請永久居留無不良素行認定標準 ······································ 696
外國人停留居留及永久居留辦法 ·················································· 698
外國人強制驅逐出國處理辦法 ····················································· 705
強制（驅逐）出國（境）案件審查會設置及作業要點 ······················· 710
收容聲請事件移送及遠距審理作業實施辦法 ··································· 713
外國人收容管理規則 ································································· 717
入出國航班及乘員資料通報管理運用辦法 ······································ 720
移民業務機構輔導管理辦法 ························································ 723
內政部指定移民業務機構個人資料檔案安全維護管理辦法 ················· 733
移民服務定型化契約應記載及不得記載事項 ··································· 738
財團法人及非營利社團法人從事跨國境婚姻媒合許可及管理辦法 ········ 747
居住臺灣地區之人民受歧視申訴辦法 ············································ 754
居住臺灣地區之人民受歧視申訴審議小組設置要點 ·························· 756
內政部入出國及移民署實施暫時留置辦法 ······································ 758
內政部移民署實施面談辦法 ························································ 761
內政部移民署執行查察營業處所範圍表 ········································· 765
內政部移民署實施查察及查察登記辦法 ·········································· 768
內政部入出國及移民署戒具武器之種類規格及使用辦法 ···················· 771
入出國及移民法第七十四條之一特殊事由之認定及減免處罰標準 ········ 774
入出國及移民案件審查會設置要點 ··············································· 776
臺灣地區無戶籍國民申請居留案件審查基準 ··································· 778
內政部移民署人員服制辦法 ························································ 780
移民專業人員訓練費收費基準 ····················································· 782
個人生物特徵識別資料蒐集管理及運用辦法 ··································· 783
執行外來人口入出國（境）辨識個人生物特徵作業要點 ···················· 786
舉發違反入出國及移民法事件獎勵辦法 ········································· 788
iv 入出國及移民法令彙編
入出國日期證明書申請須知 ························································ 793
入出國及移民許可證件規費收費標準 ············································ 796
新住民發展基金收支保管及運用辦法 ············································ 799
新住民發展基金補助作業要點 ····················································· 803
入出國及移民法與臺灣地區與大陸地區人民關係條例及香港澳門關係條
例罰鍰案件裁罰基準 ································································· 814
旅行業與移民業務機構及私立就業服務機構代辦入出國移民案件送件一
覽表 ······················································································ 834
禁止外國人入國作業規定 ··························································· 846
外來人口申請自動查驗通關系統收費標準 ······································ 852
外籍商務及經常來臺外來旅客快速查驗通關作業要點 ······················· 853
外國人申請學術與商務旅行卡及實施快速查驗通關作業要點 ·············· 855
外籍專業人士申請核發就業PASS 卡作業要點 ································ 857
國軍人員出國作業規定 ······························································ 861
參、外國專業人才事務篇
外國專業人才延攬及僱用法 ························································ 863
外國特定專業人才申請就業金卡許可辦法 ······································ 872
就業金卡與就業PASS 卡及創業家簽證規費收費標準························ 875
外國專業人才及其配偶子女申請永久居留無不良素行認定標準 ··········· 879
肆、大陸事務篇
臺灣地區與大陸地區人民關係條例 ··············································· 881
臺灣地區與大陸地區人民關係條例施行細則 ··································· 939
臺灣地區公務員及特定身分人員進入大陸地區許可辦法 ···················· 957
簡任第十職等及警監四階以下未涉及國家安全利益或機密之公務員及警
察人員赴大陸地區作業要點 ························································ 962
臺灣地區公務員及特定身分人員進入大陸地區作業規定 ···················· 964
臺灣地區公務員及特定身分人員赴大陸地區線上申請須知 ················· 966
從事涉及重要國家安全利益或機密業務之退離職人員應經審查許可期間
屆滿後進入大陸地區申報辦法 ····················································· 969
政務人員及從事涉及國家機密業務人員赴大陸地區須知 ···················· 971
臺灣地區人民在大陸地區護照遺失或逾期返臺作業要點 ···················· 972
目錄 v
在大陸地區繼續居住逾四年致轉換身分者回復臺灣地區人民身分並返臺
定居申請程序及審查基準 ··························································· 973
廢止臺灣地區人民身分及戶籍作業要點 ········································· 975
在臺原有戶籍大陸地區人民申請回復臺灣地區人民身分許可辦法 ········ 976
大陸地區人民進入臺灣地區許可辦法 ············································ 978
大陸地區人民申請進入臺灣地區面談管理辦法 ······························· 1052
大陸地區人民按捺指紋及建檔管理辦法 ········································ 1058
大陸地區人民申請進入臺灣地區不予許可期間處理原則 ··················· 1061
大陸地區人民來臺從事觀光活動許可辦法 ····································· 1065
大陸地區人民進入臺灣地區從事跨國企業內部調動服務數額表 ·········· 1081
大陸地區人民在臺灣地區依親居留長期居留及定居數額表 ················ 1083
大陸地區人民在臺灣地區依親居留長期居留或定居許可辦法 ············· 1086
大陸地區人民申請在臺灣地區依親居留長期居留或定居案件經不予許可
撤銷或廢止許可不許可再申請期間處理原則 ·································· 1106
大陸地區人民及香港澳門居民強制出境處理辦法 ···························· 1111
大陸地區人民及香港澳門居民收容管理辦法 ·································· 1116
大陸地區人民來臺就讀專科以上學校辦法 ····································· 1120
試辦金門馬祖澎湖與大陸地區通航實施辦法 ·································· 1127
試辦金門馬祖澎湖與大陸地區通航人員入出境作業規定 ··················· 1137
試辦金門馬祖澎湖與大陸地區通航入出境許可證件規費收費標準 ······· 1148
大陸地區人民及香港澳門居民入出境許可證件規費收費標準 ············· 1149
金門協議 ··············································································· 1152
海峽兩岸關於大陸居民赴台灣旅遊協議 ········································ 1153
海峽兩岸共同打擊犯罪及司法互助協議 ········································ 1157
伍、港澳事務篇
香港澳門關係條例 ··································································· 1161
香港澳門關係條例施行細則 ······················································· 1175
香港澳門居民進入臺灣地區及居留定居許可辦法 ···························· 1180
香港澳門居民申請進入臺灣地區及居留定居作業規定 ······················ 1196
入境證明書核發作業規定 ·························································· 1205
香港澳門居民申請進入臺灣地區不予許可期間處理原則 ··················· 1207
vi 入出國及移民法令彙編
香港澳門居民申請居留或定居不予許可期間處理原則 ······················ 1209
香港澳門居民申請臨時入境停留許可作業規定 ······························· 1211
陸、人口販運篇
人口販運防制法 ······································································ 1215
人口販運防制法施行細則 ·························································· 1228
人口販運被害人及疑似人口販運被害人安置服務管理規則 ················ 1232
人口販運被害人及疑似人口販運被害人協助辦法 ···························· 1237
人口販運被害人居留及專案永久居留許可辦法 ······························· 1243
人口販運被害人工作許可及管理辦法 ··········································· 1246
人口販運被害人補助辦法 ·························································· 1248
人口販運被害人鑑別原則 ·························································· 1251
柒、警政、兵役及戶政篇
警察職權行使法 ······································································ 1263
警械使用條例 ········································································· 1270
集會遊行法 ············································································ 1273
社會秩序維護法 ······································································ 1279
警察消防海巡移民空勤人員及協勤民力安全基金設置管理條例 ·········· 1296
警察消防海巡移民空勤人員及協勤民力安全基金設置管理辦法 ·········· 1299
內政部入出國及移民署與警察機關協調聯繫要點 ···························· 1302
海岸巡防機關與警察移民及消防機關協調聯繫辦法 ························· 1306
檢察官與司法警察機關執行職務聯繫辦法 ····································· 1309
兵役法 ·················································································· 1314
兵役法施行法 ········································································· 1326
役男出境處理辦法 ··································································· 1337
接近役齡男子出境審查作業規定 ················································· 1344
歸化我國國籍者及歸國僑民服役辦法 ··········································· 1345
國籍法 ·················································································· 1348
國籍法施行細則 ······································································ 1354
戶籍法 ·················································································· 1362
戶籍法施行細則 ······································································ 1376
國人出境滿二年未入境及再入境人口通報作業要點 ························· 1383
目錄 vii
姓名條例 ··············································································· 1387
姓名條例施行細則 ··································································· 1390
捌、其他篇
護照條例 ··············································································· 1395
護照條例施行細則 ··································································· 1402
外國護照簽證條例 ··································································· 1409
外國護照簽證條例施行細則 ······················································· 1412
華僑身分證明條例 ··································································· 1415
華僑身分證明條例施行細則 ······················································· 1418
就業服務法 ············································································ 1423
就業服務法施行細則 ································································ 1444
雇主聘僱外國人許可及管理辦法 ················································· 1447
外國人從事就業服務法第四十六條第一項第一款至第六款工作資格及審
查標準 ·················································································· 1471
外國人從事就業服務法第四十六條第一項第八款至第十一款工作資格及
審查標準 ··············································································· 1485
性別平等工作法 ······································································ 1513
精神衛生法 ············································································ 1526
傳染病防治法 ········································································· 1549
漁業法 ·················································································· 1568
漁業法施行細則 ······································································ 1583
兒童及少年性剝削防制條例 ······················································· 1591
兒童及少年性剝削防制條例施行細則 ··········································· 1605
僑生回國就學及輔導辦法 ·························································· 1611
外國學生來臺就學辦法 ····························································· 1621
內政部處理大陸或外國籍配偶遭受家庭暴力案件應行注意事項 ·········· 1632
附錄、司法院大法官解釋（節錄）
行政院及所屬各機關處理人民陳情案件要點 ·································· 1635
司法院大法官或憲法法庭就移民事務有關之解釋或判決（節錄） ······· 1638
法規名稱索引（筆畫順序） ······················································· 1645