Article Content

  Chapter III: The Application and Issuance of Entry, Departure and Recruitment Permits of Foreign

Article 14
All foreign person(s) filing for entry into the Republic of China, in
compliance to required regulations, must present the following documents:
1. The recruitment permit issued by the central competent authority.
2. Physical examination certificate issued by hospitals of the foreign country
approved by the national central health competent authority of the Republic of
China.
3. Certificate of specialization and expertise.
4. Non-Criminal Record or Guaranteed documents.
5. An affidavit of the foreign worker’s expected wages and incurred
expenses that is notarized by the competent authorities from the foreign
worker’s home country and is also verified by foreign labor intermediary
companies.
6. A signed labor contract.
Article 15
Prior to entry into the Republic of China, all foreign person(s) shall
submit medical examination certification and after gaining entry, they shall
undergo an additional medical examination. The test shall include the
following items:
1. Large plate x-ray examination of the lungs.
2. HIV antibody test.
3. Proges-Salmon test.
4. Hepatitis B surface antigen test (waived if the individual will be
receiving the periodic six month physical examination after entry into the
Republic of China).
5. Malaria plate test (waived if the individual will be receiving the periodic
six month physical examination after entry into the Republic of China).
6. Fecal examination for intestinal parasites (including dysentery amoeba,
etc.)
7. Drug urine test for the presence of amphetamines, or opium based
substances.
8. Pregnancy test (waived if the individual will be receiving the periodic six
month physical examination after entry into the Republic of China).
9. Basic physical and psychological evaluation, with testing for leprosy.
Based on the occupational nature of foreign workers and the quarantine
condition of the labor-exporting countries, the central health competent may
add, delete or alter any of the health examination items listed in Paragraph 1
by announcement.
Sub-Paragraph 8 of Paragraph 1 as prescribed in this Article shall take effect
on November 9th, 2002.
No entry visa shall be granted to any foreign person who does not sufficiently
meet any one of the items of the above medical tests.
Article 16
The employer shall make the necessary arrangements for foreign persons to
report to hospitals designated by the central health competent authority for
medical examinations within 3 days of entry into the Republic of China.
Within 15 days after entry into the country, if applying for the foreign
person’ recruitment permits, the following documents must be presented to the
central competent authority:
1. The completed application form.
2. The recruitment permits issued by the central competent authority.
3. The roster list of recruited foreign persons.
4. The results of the medical examinations from hospitals designated by the
central health competent authority.
5. Affidavit signed by the foreign worker, to confirm that he or she fully
comprehends the regulations pertinent to this Measure.
6. Affidavit of payments for employment related services rendered by the
private employment institutions.
7. An affidavit of the foreign worker’s expected wages and incurred
expenses that is notarized by the competent authorities from the foreign
worker’s home country and is also verified by foreign labor intermediary
companies.
Foreign persons whose health examination results do not satisfy the
requirements must depart from the R.O.C. within 14 days upon receipt of
results by the employer.
The previous Paragraph shall not apply to foreign persons who had already
entered the Republic of China, regularly underwent physical examinations in
accordance with the labor health protection statutes, but are diagnosed with
having work-related medical ailments.
Article 17
The employer shall arrange for the departure of foreign workers before the
expiration of their recruitment permits.
If a foreign person is diagnosed to have an illness classified as an
infectious disease by the central competent authority, the employer must
arrange for his or her departure within seven days after receiving the results
of the medical diagnosis.
In the event that the following shall occur, an employer has 14 days to
arrange for the departure of the affected foreign workers from the Republic of
China:
1. The recruitment permit have either been withdrawn or have expired.
2. With the exception of persons infected with an illness that is classified
by the central competent authority as an infectious disease, those persons who
failed to meet the health requirements or if their medical exams were not
conducted with the time frame specified by these Measures.
3. Applications for the recruitment permits were not prepared in the manner
consistent with the Act, or have been rejected.
If the recruited foreign persons failed to pass the initial medical exams, but
later recovered after having received treatment in their native country and
passes subsequent medical examinations, the persons may re-enter the
Republic of China and resume work.
In the event that a foreign person is unable to satisfy the requirements
prescribed in Sub-Paragraph 6 of Paragraph 1 to Article 15, which constitute
the medical examinations specified in Article 16 and Paragraph 1 to Article 22
but not as an infectious disease as classified by the central competent
authority, should the foreign person pass a re-examination within 30 days, the
requirements prescribed in Paragraph 3 to this Article and Paragraph 2 to
Article 16 shall not be applied.
Within 30 days after a foreign person departs pursuant to Paragraph 1
through Paragraph 3 to this Article, the employer shall inform the central
competent authority and submit the roster lists and documents certifying the
departure of the said foreign person.
Article 18
The employer may apply with a foreign person’s certification of departure
to the central competent authority for reimbursement of the guaranteed deposit
or relieve the bank that guaranteed the deposit, upon the departure of the
foreign person(s). The central competent authority shall, after clearing
any fees prescribed in Paragraph 2 to Article 10 of these Measures, refund the
guaranteed deposit or notify the bank to relieve the guarantee responsibility.
Article 19
In the event that an employer has applied for employing foreign persons but
the employer or the employed foreign person has been involved the situations
prescribed in Paragraph 1 to Article 9, Article 24 of these Measures, or
Article 54 of the Act, the central competent authority shall deny the
application for an employment permit or the extension of the permit; if the
person has been involved in situations prescribed in Paragraph 2 to Article
8 of the Measures, the central competent authority may deny their
application for employment permit or the extension of the permit.