Regulations Governing Management of the Health Examination of Employed Aliens
2024-03-29
手機睡眠
語音選擇
Article 1
This set of Regulations is formulated in accordance with regulations of Paragraph 3 of Article 48 of the Employment Service Act (hereafter referred to as the Act).
Article 2
Terms used in this set of Regulations are defined as follows:
1. Category 1 Aliens: Aliens employed to undertake the jobs specified in Subparagraphs 1 through 6 of Paragraph 1, Article 46 of the Act.
2. Category 2 Aliens: Aliens employed to undertake the jobs specified in Subparagraphs 8 through 10 of Paragraph 1, Article 46 of the Act.
3. Category 3 Aliens: Aliens employed to undertake the jobs specified in Subparagraph 11 of Paragraph 1, Article 46 of the Act and undertake the jobs specified in Subparagraph 3, Article 2 of the Regulations on the Permission and Administration of the Employment of Foreign Workers.
4. Authorized hospitals: Overseas hospitals authorized by the central competent health authority to conduct pre-entry health examination of employed aliens.
5. Designated hospitals: Domestic hospitals designated by the central competent health authority to conduct health examination of employed aliens after entry.
6. DOTS (Directly Observed Treatment Short-course) services: Medication services for patients observed in person by caregivers assigned by competent health authorities.
1. Category 1 Aliens: Aliens employed to undertake the jobs specified in Subparagraphs 1 through 6 of Paragraph 1, Article 46 of the Act.
2. Category 2 Aliens: Aliens employed to undertake the jobs specified in Subparagraphs 8 through 10 of Paragraph 1, Article 46 of the Act.
3. Category 3 Aliens: Aliens employed to undertake the jobs specified in Subparagraph 11 of Paragraph 1, Article 46 of the Act and undertake the jobs specified in Subparagraph 3, Article 2 of the Regulations on the Permission and Administration of the Employment of Foreign Workers.
4. Authorized hospitals: Overseas hospitals authorized by the central competent health authority to conduct pre-entry health examination of employed aliens.
5. Designated hospitals: Domestic hospitals designated by the central competent health authority to conduct health examination of employed aliens after entry.
6. DOTS (Directly Observed Treatment Short-course) services: Medication services for patients observed in person by caregivers assigned by competent health authorities.
Article 3
When applying for employment permits and extending employment permits for Category 1 Aliens other than those regulated in Article 4, employers may be exempt from submitting health examination certificates of personnel of the said Category. For those who intend to work in Taiwan for more than three months, the central competent health authority may announce the health examination certificates to be submitted according to the epidemic situation or the specific circumstance of the countries where they have resided.
Article 4
When applying for an employment permit or extension permit for a Category 1 Alien employed to undertake a job specified in Subparagraph 4 of Paragraph 1, Article 46 of the Act, the employer shall submit one of the following documents to the central competent authority:
1. A valid health examination certificate of the individual issued within the past three months by a lawfully established hospital in his/her country of residence and signed by a physician, together with its Chinese translation authenticated by an R.O.C. overseas mission. If the aforementioned certifying documents are issued in English, the said individual may be exempted from attaching a Chinese translation of those documents.
2. A valid health examination certificate of the individual issued within the past three months by a designated hospital.
The health examination certificate specified in the preceding paragraph shall include the following examinations and items:
1. Chest X-Ray examination for tuberculosis;
2. Serological test for syphilis;
3. Physical examination;
4. Proof of positive measles and rubella antibody, or measles and rubella vaccination certificates; applicants filing for extension of employment permit are exempt from submission;
5. Other examinations deemed necessary by the central competent health authority according to the epidemic situation or the specific circumstance of the country the individual has resided in.
The central competent authority shall not issue an employment permit or extension permit to an individual who fails in any of the examination items referred to in the preceding paragraph, except in any of the following circumstances:
1. The individual is unable to submit the vaccination certificates specified in Subparagraph 4 of the preceding paragraph due to a domestic shortage of such vaccines, but has been requested by the central competent health authority to receive vaccinations within a given time period.
2. The individual is under a situation set out in Paragraph 2 or Paragraph 3 of Article 7 or Article 9 herein.
1. A valid health examination certificate of the individual issued within the past three months by a lawfully established hospital in his/her country of residence and signed by a physician, together with its Chinese translation authenticated by an R.O.C. overseas mission. If the aforementioned certifying documents are issued in English, the said individual may be exempted from attaching a Chinese translation of those documents.
2. A valid health examination certificate of the individual issued within the past three months by a designated hospital.
The health examination certificate specified in the preceding paragraph shall include the following examinations and items:
1. Chest X-Ray examination for tuberculosis;
2. Serological test for syphilis;
3. Physical examination;
4. Proof of positive measles and rubella antibody, or measles and rubella vaccination certificates; applicants filing for extension of employment permit are exempt from submission;
5. Other examinations deemed necessary by the central competent health authority according to the epidemic situation or the specific circumstance of the country the individual has resided in.
The central competent authority shall not issue an employment permit or extension permit to an individual who fails in any of the examination items referred to in the preceding paragraph, except in any of the following circumstances:
1. The individual is unable to submit the vaccination certificates specified in Subparagraph 4 of the preceding paragraph due to a domestic shortage of such vaccines, but has been requested by the central competent health authority to receive vaccinations within a given time period.
2. The individual is under a situation set out in Paragraph 2 or Paragraph 3 of Article 7 or Article 9 herein.
Article 5
The health examination schedule for Category 2 and Category 3 Aliens is as follows:
1. When applying for an entry visa, an applicant shall submit a valid health examination certificate issued within the past three months by an authorized hospital; but for a Category 3 Alien whose country of residence does not have any authorized hospital, the applicant may submit a valid health examination certificate issued by a lawfully established hospital in his/her country of residence within the past three months, together with its Chinese translation authenticated by an R.O.C. overseas mission.
2. Within three working days after an employed alien's entry, the employer shall arrange for the employed alien to undergo a health examination at a designated hospital; the health examination may be done within an extension of up to three working days if it cannot be arranged in time for some reasons;
3. Within 30 days before or after the date of 6th, 18th and 30th months from the employment permit effective date, the employer shall arrange for the employed alien to undergo a periodic health examination at a designated hospital.
No entry visa will be issued to individuals failing any items of the health examination done before entry under Subparagraph 1 of the preceding paragraph.
For Category 2 and Category 3 Aliens who re-enter the country after taking leave pursuant to Paragraph 5, Article 52 of the Act, the central competent health authority may announce the health examination schedule and items after their re-entry in accordance with the nature of their occupation and the epidemic situation or specific circumstance of the labor-exporting country, and their employers shall arrange for them to undergo the health examination at a designated hospital.
When applying for an employment permit for a Category 3 Alien who works within the territory of the Republic of China, the employer shall submit a valid health examination certificate issued within the past three months by a designated hospital and arrange for the employed alien to undergo periodic health examinations in accordance with Subparagraph 3 of Paragraph 1 hereof.
1. When applying for an entry visa, an applicant shall submit a valid health examination certificate issued within the past three months by an authorized hospital; but for a Category 3 Alien whose country of residence does not have any authorized hospital, the applicant may submit a valid health examination certificate issued by a lawfully established hospital in his/her country of residence within the past three months, together with its Chinese translation authenticated by an R.O.C. overseas mission.
2. Within three working days after an employed alien's entry, the employer shall arrange for the employed alien to undergo a health examination at a designated hospital; the health examination may be done within an extension of up to three working days if it cannot be arranged in time for some reasons;
3. Within 30 days before or after the date of 6th, 18th and 30th months from the employment permit effective date, the employer shall arrange for the employed alien to undergo a periodic health examination at a designated hospital.
No entry visa will be issued to individuals failing any items of the health examination done before entry under Subparagraph 1 of the preceding paragraph.
For Category 2 and Category 3 Aliens who re-enter the country after taking leave pursuant to Paragraph 5, Article 52 of the Act, the central competent health authority may announce the health examination schedule and items after their re-entry in accordance with the nature of their occupation and the epidemic situation or specific circumstance of the labor-exporting country, and their employers shall arrange for them to undergo the health examination at a designated hospital.
When applying for an employment permit for a Category 3 Alien who works within the territory of the Republic of China, the employer shall submit a valid health examination certificate issued within the past three months by a designated hospital and arrange for the employed alien to undergo periodic health examinations in accordance with Subparagraph 3 of Paragraph 1 hereof.
Article 6
The health examination of the preceding Article shall include the following items:
1. Chest X-ray examination for tuberculosis;
2. Examination for Hansen's disease;
3. Serological test for syphilis;
4. Stool examination for intestinal parasites;
5. Physical examination;
6. Proof of positive measles and rubella antibody or measles and rubella vaccination certificates; those undergoing health examinations under Subparagraphs 2 and 3, Paragraph 1 of preceding Article can be exempted from submitting these documents;
7. Other examinations deemed necessary by the central competent health authority in accordance with the nature of the occupation and the epidemic situation or the specific circumstance of the labor-exporting country.
Category 3 Aliens from a specific country or region announced by the central competent health authority are exempted from undergoing examinations specified in Subparagraphs 2 and 4 of the preceding paragraph.
Principles for the determination and management of failed items in health examinations performed at designated hospitals are illustrated in Attachment.
1. Chest X-ray examination for tuberculosis;
2. Examination for Hansen's disease;
3. Serological test for syphilis;
4. Stool examination for intestinal parasites;
5. Physical examination;
6. Proof of positive measles and rubella antibody or measles and rubella vaccination certificates; those undergoing health examinations under Subparagraphs 2 and 3, Paragraph 1 of preceding Article can be exempted from submitting these documents;
7. Other examinations deemed necessary by the central competent health authority in accordance with the nature of the occupation and the epidemic situation or the specific circumstance of the labor-exporting country.
Category 3 Aliens from a specific country or region announced by the central competent health authority are exempted from undergoing examinations specified in Subparagraphs 2 and 4 of the preceding paragraph.
Principles for the determination and management of failed items in health examinations performed at designated hospitals are illustrated in Attachment.
- Attachment Principles concerning the determination and management of items failed in the health examination at designated hospitals.pdf
- Attachment Principles concerning the determination and management of items failed in the health examination at designated hospitals.doc
Article 7
Upon receiving the health examination certificate prescribed in Subparagraph 2, 3 or 4 of Paragraph 1, Article 5 issued by a designated hospital, an employer shall forward the certificate to the alien for safekeeping.
If there are failed items or items requiring further examination in the health examination specified in the preceding paragraph, an employer shall arrange for the alien to undergo re-examinations and receive treatment according to the following schedule:
1. Chest X-ray examination for tuberculosis: If tuberculosis is suspected or there is no confirmed diagnosis, the alien shall undergo a re-examination at a designated institution within 15 days from the next day following the receipt of the health examination certificate;
2. Examination for Hansen's disease: If Hansen's disease is suspected, the alien shall undergo a re-examination at a designated institution within 15 days from the next day following the receipt of the health examination certificate;
3. Serological test for syphilis: If the syphilis test is positive, the alien must obtain a treatment completion certificate within 30 days from the next day following the receipt of the health examination certificate;
4. Stool examination for intestinal parasites: If the stool examination is positive, the alien must receive treatment at a designated hospital and then undergo a re-examination and obtain a negative certificate within 65 days from the next day following the receipt of the health examination certificate; aliens who are confirmed to be positive for Entamoeba histolytica shall receive treatment, undergo re-examinations three times and obtain a negative test result in each of these re-examinations.
Where there is a medication shortage in the domestic market that prevents employed aliens from undergoing re-examinations and obtaining treatment completion certificates under the preceding paragraph, the central competent health authority may announce an adjustment of prescribed time periods and/or alternatives for re-examination or treatment.
If there are failed items or items requiring further examination in the health examination specified in the preceding paragraph, an employer shall arrange for the alien to undergo re-examinations and receive treatment according to the following schedule:
1. Chest X-ray examination for tuberculosis: If tuberculosis is suspected or there is no confirmed diagnosis, the alien shall undergo a re-examination at a designated institution within 15 days from the next day following the receipt of the health examination certificate;
2. Examination for Hansen's disease: If Hansen's disease is suspected, the alien shall undergo a re-examination at a designated institution within 15 days from the next day following the receipt of the health examination certificate;
3. Serological test for syphilis: If the syphilis test is positive, the alien must obtain a treatment completion certificate within 30 days from the next day following the receipt of the health examination certificate;
4. Stool examination for intestinal parasites: If the stool examination is positive, the alien must receive treatment at a designated hospital and then undergo a re-examination and obtain a negative certificate within 65 days from the next day following the receipt of the health examination certificate; aliens who are confirmed to be positive for Entamoeba histolytica shall receive treatment, undergo re-examinations three times and obtain a negative test result in each of these re-examinations.
Where there is a medication shortage in the domestic market that prevents employed aliens from undergoing re-examinations and obtaining treatment completion certificates under the preceding paragraph, the central competent health authority may announce an adjustment of prescribed time periods and/or alternatives for re-examination or treatment.
Article 8
An employer shall submit the original copy of the employed alien’s re-examination certificate or treatment completion certificate to the central competent authority for reference within 15 days from the next day following the receipt of such document in relation to the health examinations provided in Subparagraph 2 of Paragraph 1 and Paragraph 4 of Article 5 herein.
An employer shall submit the following documents to the municipality or county (city) competent health authority for reference within 15 days from the next day following the receipt of the employed alien’s re-examination certificates or treatment completion certificates in relation to periodic examinations provided in Subparagraph 3 of Paragraph 1, Article 5 herein:
1.The alien employment permit issued by the central competent authority;
2. An original copy of the re-examination certificate or treatment completion certificate.
An employer shall submit the following documents to the municipality or county (city) competent health authority for reference within 15 days from the next day following the receipt of the employed alien’s re-examination certificates or treatment completion certificates in relation to periodic examinations provided in Subparagraph 3 of Paragraph 1, Article 5 herein:
1.The alien employment permit issued by the central competent authority;
2. An original copy of the re-examination certificate or treatment completion certificate.
Article 9
When an employed alien is diagnosed with tuberculosis, tuberculous pleurisy, or Hansen's disease in a health examination, except for multidrug-resistant tuberculosis, his or her employer shall apply for DOTS by submitting the following documents to the municipal or county (city) health authority within 15 days from the next day after receiving the diagnosis certificate:
1. The certificate of diagnosis; and
2. The employed alien’s consent form to receive the DOTS service arranged by the health authority.
After the employed alien has completed the DOTS medication therapy provided in the preceding paragraph and has been confirmed to complete the treatment by the municipal or county (city) competent health authority, the employed alien is deemed passed.
1. The certificate of diagnosis; and
2. The employed alien’s consent form to receive the DOTS service arranged by the health authority.
After the employed alien has completed the DOTS medication therapy provided in the preceding paragraph and has been confirmed to complete the treatment by the municipal or county (city) competent health authority, the employed alien is deemed passed.
Article 10
Failure in passing physical examination under Subparagraph 4, Article 73 of the Act refers to any of the following circumstances:
1. The employed alien is confirmed to have multiple drug resistant tuberculosis.
2. The employed alien did not complete vaccinations according to the proviso in Subparagraph 1, Paragraph 3 of Article 4.
3. The employed alien did not complete re-examinations according to Paragraph 2 or Paragraph 3 of Article 7, or failed a re-examination.
4. The employed alien has not cooperated with the DOTS services of tuberculosis or Hansen's disease according to Article 9 for more than 15 days cumulatively.
1. The employed alien is confirmed to have multiple drug resistant tuberculosis.
2. The employed alien did not complete vaccinations according to the proviso in Subparagraph 1, Paragraph 3 of Article 4.
3. The employed alien did not complete re-examinations according to Paragraph 2 or Paragraph 3 of Article 7, or failed a re-examination.
4. The employed alien has not cooperated with the DOTS services of tuberculosis or Hansen's disease according to Article 9 for more than 15 days cumulatively.
Article 11
When an employed alien is in any of the following situations and has not undergone a health examination for more than one year, the employer shall arrange for the employed alien to undergo a health examination at a designated hospital within seven days from the next day of the employment permit effective date:
1. A Category 2 or Category 3 Alien changes his/her employer or job.
2. An employment permit is reissued to a Category 2 or Category 3 Alien according to the Act.
3. An employment extension permit is reissued to a Category 3 Alien according to the Act.
If the result of the health examination mentioned in the preceding paragraph includes any failed items or if a further examination is needed, Articles 7 through 9 shall be followed.
1. A Category 2 or Category 3 Alien changes his/her employer or job.
2. An employment permit is reissued to a Category 2 or Category 3 Alien according to the Act.
3. An employment extension permit is reissued to a Category 3 Alien according to the Act.
If the result of the health examination mentioned in the preceding paragraph includes any failed items or if a further examination is needed, Articles 7 through 9 shall be followed.
Article 12
When a Category 2 or Category 3 Alien fails to undergo the health examination prescribed in Subparagraph 3, Paragraph 1 of Article 5 or Paragraph 1 of the preceding Article within the prescribed time period for some reasons, the employer shall submit relevant supporting documents to the municipality or county (city) competent health authority for reference and may arrange for the employed alien to undergo the aforementioned health examination seven days earlier or within seven days after the cause ceases to exist.
Article 13
For aliens employed to work on jobs regulated in Subparagraph 7, Paragraph 1 of Article 46 of the Act, for management of their health examination, regulations of Article 8 of the Seafarer Act shall apply.
Article 14
When the Central Epidemic Command Center is in operation, the central competent health authority may, according to the needs of domestic epidemic prevention or the epidemic situation of the labor-exporting country, adjust and announce the period of health examinations for Category 2 and Category 3 Aliens provided in Subparagraphs 2 and 3, Paragraph 1 of Article 5 and Paragraph 1 of Article 11 herein.
When the time between the date of the health examination prescribed by Subparagraph 3, Paragraph 1 of Article 5 and the date of the last health examination prescribed by the preceding paragraph is shorter than three months, the employer may submit the employed alien’s last health examination result to the municipal or county (city) competent health authority to apply for an exemption from that health examination seven days before the deadline for periodic physical examinations provided in Subparagraph 3, Paragraph 1 of Article 5.
When the time between the date of the health examination prescribed by Subparagraph 3, Paragraph 1 of Article 5 and the date of the last health examination prescribed by the preceding paragraph is shorter than three months, the employer may submit the employed alien’s last health examination result to the municipal or county (city) competent health authority to apply for an exemption from that health examination seven days before the deadline for periodic physical examinations provided in Subparagraph 3, Paragraph 1 of Article 5.
Article 15
These Regulations shall become effective on April 30, 2022.
The articles of these Regulations that are amended and promulgated on March 29, 2024 shall take effect on February 7, 2024.
The articles of these Regulations that are amended and promulgated on March 29, 2024 shall take effect on February 7, 2024.