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法規名稱: AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE TUVALU CONCERNING THE RECRUITMENT AND EMPLOYMENT OF ICDF VOLUNTEERS
簽訂日期: 民國 88 年 11 月 24 日
生效日期: 民國 88 年 11 月 24 日
簽約國: 亞太地區 > 吐瓦魯國
沿革:
1.Signed on November 24, 1999; Entered into force on November 24, 1999.

 
The Government of the Republic of China and the Government of T-
uvalu (hereinafter referred to as "both Parties);
In light of the International Cooperation and Development Fund
(hereinafter referred to as "the ICDF") being a non-profit maki-
ng organization in the Republic of China with the aim of assist-
ing the economic development of developing countries friendly to
the Republic of China;
With a view to promoting mutual understanding and contributing
to the strengthening of economic and cultural relations between
the two countries;
With reference to the recent discussion held between the repre-
sentatives of both Parties concerning the dispatch of voluntee-
rs of International Cooperation and Development Fund (hereinaf-
ter referred to as "the Volunteers") from the Republic of China
to Tuvalu under the ICDF Volunteers Programme;
Hereby have agreed on the following provisions:

Recruitment and Assignment

Article One
The ICDF will, when requested by the Government of Tuvalu, recr-
uit suitably qualified persons for specific positions and proje-
cts in Tuvalu subject to approval by the Government of Tuvalu.

Article Two
Detailed job descriptions of the positions will be provided to
the ICDF by the Government of Tuvalu.

Article Three
The ICDF has the right to inspect the projects in order to asse-
ss their suitability and will not be held liable if it fails to
supply a volunteer against a specific request.

Article Four
The ICDF will ensure that the volunteers are adequately trained
and prepared for their assignments in Tuvalu and will be respon-
sible for initial selection, interview and arranging medical and
other checks. Final acceptance of personnel will be made by the
employer.

Article Five
The normal period of employment for a volunteer will be two yea-
rs (or two academic years if appropriate) but this may be exten-
ded or reduced by mutual consent between both Parties.

Article Six
The Government of the Republic of China shall have the right to
recall the Volunteers after consultation with the employer and
the Government of Tuvalu. The Government of Tuvalu will not be
held responsible if a volunteer has to be repatriated at an ear-
lier date because of illness, accident, compassionate grounds or
misconduct. Likewise, the Government of Tuvalu shall have the r-
ight to request the ICDF to recall a volunteer after lodging a -
formal complaint with the Government of the Republic of China if
his or her personal or professional conduct justifies such a me-
asure.

Article Seven
Each volunteer shall be responsible to and supervised by the em-
ployer to which he or she is assigned.

Article Eight
The Government of Tuvalu shall administratively facilitate the
entry into the country of ICDF staff in order to visit voluntee-
rs at their place of work with due notice to its appropriate au-
thorities.

Liabilities and Indemnities
Article Nine
Subject to the provisions of this Agreement, the volunteers sha-
ll at all times be subject to such laws, regulations, and gener-
al orders that from time to time exist in Tuvalu.

Article Ten
Except in the case of a volunteer being convicted of an offence
under the law of Tuvalu, the employer shall bear all risks and
claims directly or indirectly resulting from any act or omission
performed or made in the course of his or her duties and shall
indemnify the Government of the Republic of China and ICDF agai-
nst any such risks and claims.

Benefits to Volunteers
Article Eleven
The Government of Tuvalu or the employer shall pay to the volun-
teers a salary equivalent to the local salary paid to the emplo-
yees of similar status or a monthly allowance agreed upon betwe-
en both Parties. This will be subject to annual review.

Article Twelve
The ICDF shall pay to the volunteers such sums as it sees fit by
way of settling in allowance, mid-term grant, resettlement grant
or other sums in accordance with the policies, practices and re-
gulations of the ICDF as shall be determined from time to time.

Article Thirteen
The Government of Tuvalu or the employer shall provide suitable
housing and hard furnishings. Such housing shall be rent free f-
or volunteers on the monthly allowance and the cost of gas, ele-
ctricity and water shall be home by the Government of Tuvalu or
the employer. In case of volunteers working for the Government
of Tuvalu or statutory organizations and who are occupying Gove-
rnment quarters, and who are receiving a salary equivalent to t-
he local salary, a rental payment will be payable equivalent to
that required of local employees. In this case the cost of the
above-mentioned utilities will be the responsibility of the vol-
unteers.

Article Fourteen
The ICDF volunteers shall enjoy a minimum of four weeks annual
leave. Medical, hospital and dental care will be provided by the
Government of Tuvalu or the employer to the same extent and on
the same basis as that provided to local employees of the same
organization or Government department.

Article Fifteen
The ICDF will provide transportation from the Republic of China
to the entry point in Tuvalu and return transportation from this
point to the Republic of China.

Article Sixteen
The government of Tuvalu or the employer shall provide to a vol-
unteer the cost of internal transportation from the point of en-
try to the duty station on first arrival and from the duty stat-
ion to the point of departure on termination. Any necessary off-
icial travel of the ICDF volunteers shall be paid for or provid-
ed to the same standard as that paid to Tuvaluans of similar em-
ployment status.

Article Seventeen
The Government of Tuvalu shall provide entry and work permits as
required in connection with the implementation of an ICDF assig-
nment.

Article Eighteen
The ICDF volunteers shall be entitled to freely remit out any c-
onvertible foreign currency up to the total of their earnings in
Tuvalu.

Article Nineteen
Volunteers receiving a local salary will be subject to all dire-
ct taxes, which are applied to Tuvaluans.
Volunteers receiving a monthly allowance shall be exempt from a-
ll direct taxes in the nature of income or personal taxes.

Article Twenty
All volunteers shall be exempt from all duties and taxes on the-
ir personal effects and household goods of reasonable quantity
brought into Tuvalu within the first six months of their arrival
in Tuvalu and such professional equipment necessary for their w-
ork.

General
Article Twenty-one
The ICDF volunteers are forbidden :
a) to divulge, abstract or publish any documents relating to th-
eir assignment without obtaining prior consent from the empl-
oyer.
b) to communicate to the ICDF or any other Government part or w-
hole of any reports which they have submitted to the employer
without obtaining prior consent.

Article Twenty-two
The ICDF volunteers shall not engage in any profit-making busin-
ess during their assignment in Tuvalu.

Article Twenty-three
The Government of the Republic of China will notify the Governm-
ent of Tuvalu of the names of the ICDF volunteers operating in
Tuvalu.

Article Twenty-four
Both Parties shall hold consultations from time to time for the
successful implementation of the ICDF Volunteers Programme in T-
uvalu.

Article Twenty-five
This Agreement may be amended by an exchange of notes between b-
oth Parties. Any particular matter arising in or during the imp-
lementation of this Agreement, not amounting to an amendment th-
ereof, may be the subj ect of an exchange of notes.

Article Twenty-six
It is agreed and understood that this Agreement contains the wh-
ole of the arrangements between both Parties.

Article Twenty-seven
This Agreement shall enter into force on the date of its signat-
ure and shall remain in force indefinitely from the aforesaid d-
ate. This Agreement may be terminated by either party by the gi-
ving of a six-month written notice.
In witness whereof, the undersigned, being duly authorized, have
signed this Agreement.
Done in duplicate in the English language af Funafufi, Tuvaiu,
this24th day of November,1999.




For the Government of For the Government of
The Republic of China Tuvalu


Ching-kang Wang Saufatu Sopoaga
Charge d'Affaires Secretary to Government
Embassy of the Republic of China Office of the Prime Mi-
Funafuti, Tuvalu nister
Tuvalu