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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on October 15, 2015 Entered into force on October 15, 2015
 
The Government of the Republic of China (Taiwan) and the
Government of the Kingdom of Swaziland (hereinafter referred to
as the “ Parties ” );

Desiring to strengthen their existing cordial relations and to
promote cooperation in the area of technical and vocational
education and training (hereinafter referred to as “ TVET ” );

Have agreed as follows:

Article 1
Objectives
The Parties recognize that TVET is of great significant for
nurturing the technical labor force needed to facilitate
national economic development, and that TVET can have a
significant impact on the industrial development and improvement
of employment rates in line with the Government of the Kingdom
of Swaziland ’ s plans for human resources development. Under
this common understanding, the Parties will cooperate in TVET,
with the Government of the Republic of China (Taiwan) assisting
the Government of the Kingdom of Swaziland in enhancing its TVET
systems and associated efficiencies.

Article 2
Scope of Agreement
This Agreement establishes a basic framework within which the
Parties agree to cooperate in the field of TVET to achieve the
stated objectives. This Agreement also defines the areas of
cooperation, the institutional aspects of the partnership, the
content of projects, a structure for future cooperation, and
general conditions that shall govern the projects under this
Agreement.

Article 3
Areas of Cooperation
The Parties have identified the following areas of cooperation
in TVET:
I. Technical and Vocational Education:
Plan and implement medium to long-term training projects by
considering the actual needs of the Government of the Kingdom
of Swaziland, such as the technical skills required for the
development of potential or future industries, while also
assisting in establishing training structures and management
systems, and providing the relevant educational and training
resources required in preparing for careers.
II. Vocational Training:
Plan and implement short to medium-term training projects
based on enhancing to-work and on-the-job labor forces ’
technical skills, thereby improving the overall state of
human resources and the labor force.
III. Any new projects to be implemented under this Agreement, or
any changes to be applied under the existing project, shall
be done in writing by the Parties.

Article 4
Projects
I. Project Content
i. The Parties shall establish a project team to implement the
preparation, structuring, implementation and monitoring of
the projects under the Areas of Cooperation of Article 3.
ii. Capacity building: the Government of the Republic of China
(Taiwan) shall host relevant training to assist the
Government of the Kingdom of Swaziland in improving the
human resources of the project team and stakeholders.
iii. The specific content of the projects shall be determined
in writing by the parties.
iv. Project funding shall be discussed and coordinated by the
Parties based on the actual progress of implementation.
II. Executive Unit
The project shall be carried out by the International
Cooperation and Development Fund (hereinafter referred to as
the “ Taiwan ICDF ” )as commissioned by the Government of
the Republic of China (Taiwan), and shall be supervised by
the Embassy of the Republic of China (Taiwan) to the Kingdom
of Swaziland. The Government of the Kingdom of Swaziland
shall designate a department as a supporting executive unit
to facilitate the progress of the various projects.
III. Future Projects
i. The Government of the Kingdom of Swaziland shall propose
any such projects to the Government of the Republic of
China (Taiwan), and the Government of the Republic of China
(Taiwan) will, thereafter, commission the Taiwan ICDF to
handle project appraisal.
ii. Any subsequent agreement that is required for a future
project shall be done in writing detailing the project ’
s conditions and the obligations of the Parties. The terms
concerning rights and obligations set out in this
Agreement shall apply to any such future projects.

Article 5
Obligations of the Parties
I. The Government of the Republic of China (Taiwan) shall:
i. Dispatch a project manager, long and short-term experts and
technicians with a TVET background (hereinafter referred to
as the “ Project Personnel ” )to the Kingdom of Swaziland
to carry out the described objectives;
ii. Defray the travel costs of the Project Personnel between
the Republic of China (Taiwan) and the Kingdom of
Swaziland, as well as the salaries and expenses of the
Project Personnel during their service in the Kingdom of
Swaziland;
iii. Pay the work-related expenses of the Project Personnel in
the Kingdom of Swaziland, including machinery, equipment,
administrative expenses, travel allowance, insurance and
medical costs.
II. The Government of the Kingdom of Swaziland shall:
i. Authorize and designate a project officer to plan and
coordinate inter-ministerial cooperation, and also host the
relevant project activities;
ii. Issue appropriate identification cards to the Project
Personnel to facilitate their work, and also make
emergency medical care and first aid readily available to
the Project Personnel;
iii. Provide a government office as the project office, which
shall have the following components: security, backup
electricity, an uninterruptable power supply, and
maintenance services (only for project use);
iv. Provide housing with appropriate furniture, water and
electricity for the Project Personnel, and;
v. Assume responsibility for operations and maintenance upon
the completion of projects.

Article 6
Exemptions
The Government of the Kingdom of Swaziland shall grant the
following favorable treatment during the implementation of
projects under this Agreement:
I. Exemption from customs duties, taxes and other charges on all
equipment, materials and supplies imported into the Kingdom
of Swaziland for projects.
II. Convenience for the Project Personnel ’ s entry to,
departure from, and residence in the Kingdom of Swaziland
during their service, and exemption from customs duties,
taxes and other charges on their personal and household
effects brought into the Kingdom of Swaziland within six
months of the first arrival.
III. Exemption from customs duties, taxes and other charges on
vehicles for the Project Personnel ’ s own personal use
(one vehicle per person).
IV. Exemption from income tax and other charges on the salaries
and allowances earned from abroad by the Project Personnel
for work related to projects during their service in the
Kingdom of Swaziland.
V. Privileges, exemptions and other treatment to the Project
Personnel and their properties no less favorable than that
accorded to personnel of other international missions
residing and performing similar activities in the territory
of the Kingdom of Swaziland.

Article 7
Disposal of Project Income
The income generated from projects under this Agreement shall be
owned by the Government of the Kingdom of Swaziland, and shall
be deposited and monitored in a specific account approved by the
Parties. The handling of the account will comply with the
management rules and regulations drawn up by the Parties. The
income generated from projects, apart from being used to
supplement existing projects, may be used flexibly for the
development of new projects as agreed in writing by the Parties.

Article 8
Confidentiality
The personnel appointed by either Party to participate in the
projects under this Agreement shall not disclose any information
relating to such projects without the prior written approval of
the other Party.

Article 9
Restrictions on Use of Information
The dissemination and utilization of information, and management
and exercise of intellectual property rights, related to the
projects under this Agreement, shall be governed by separate
agreements.

Article 10
Notification
The Parties shall exchange contact lists in order that the
Parties can communicate on important matters and deliver
information with respect to this Agreement accordingly. Either
party shall inform the other party with a written notice in the
event that any changes to the list are made.

Article 11
Term and Extension
This Agreement shall enter into force on the date of signature
and remain effective for five years. The Parties shall review
the performance of the projects under this Agreement one year
before the Agreement expires to decide whether to extend this
Agreement pursuant to the results of the review. The extension
of this Agreement shall be done by mutual written consent of the
Parties.

Article 12
Amendments
Any amendment to this Agreement shall be agreed to in writing by
the Parties.

Article 13
Termination
I. Either Party may terminate this Agreement by giving 90 days
’ prior written notice to the other party; however, the
Parties shall attempt to reach an agreement on the
termination date, thereby allowing the smooth progression of
the termination of the project and the recall of the Project
Personnel.
II. The confidentiality obligation of this Agreement shall not
become invalid following either the termination or expiry of
this Agreement.

Article 14
Other Provisions
All disputes arising out of or in connection with this
Agreement, or matters not being included in this Agreement,
shall be settled or negotiated by the Parties in good faith.

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.

Done in duplicate in the Chinese and English languages, both
texts being equally authentic, at Mbabane City on the 15th day
of the 10th month of the one hundred and fourth year of the
Republic of China (Taiwan), corresponding to the 15th day of
October of the year of two thousand and fifteen of the Gregorian
calendar.


For the Government of For the Government of
the Republic of China the
(Taiwan) Kingdom of Swaziland

_________________ _________________
Thomas J.C. Chen Mgwagwa Gamedze
Ambassador to the Minister of
Kingdom of Swaziland International
Cooperation
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