Point 1
The Ministry of Health and Welfare of the Executive Yuan (hereafter referred to as the Ministry), in order to implement regulations of Article 20 of the HIV (Human Immunodeficiency Virus) Infection Control and Patient Rights Protection Act (hereafter referred to as the Act) to accept and review applications for stay or residence of HIV-infected individuals, specifically formulates this set of Directions.
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Point 2
The applicants mentioned in this set of Directions refer to individuals meeting the regulations of Paragraph 1, Article 20 of the Act.
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Point 3
Applications shall be made within six months after leaving the country (border). Aliens who have not exited the country (border), may also, during the period of legal stay or residence before their visas are withdrawn or revoked by the responsibility authorities or the action regarding their permits for stay or residence is decided; no application shall be made after the time limit.
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Point 4
Applicants, when making applications in writing in accordance with this set of Directions, shall submit the following documents:
1) Common documents
(1) Application (Attachment 1);
(2) Affidavit (Attachment 2);
(3) Proxy statement (Attachment 3);
(4) Photocopy of passport of applicant;
(5) Certificate of records of entry and exit of the country issued by the National Immigration Agency of the Ministry of the Interior (waived for individuals who have not yet exited the country (border));
(6) Certificate of the first HIV-positive testing.
2) Individual documents
(1) For applications made under the reason of being infected by national spouse, attach the following documents:
a) certificate of HIV-negative testing of applicant within three months prior to or after marriage ;
b) certificate of HIV-positive testing of the national spouse of applicant;
c) documents related to the HIV-genotyping and gene-sequencing of applicant and the national spouse;
d) marriage certificate and related documents.
(2) For applications made under the reason of being infected during the course of medical care in country, attach the following documents:
a) photocopy of complete medical records of being infected with HIV during the course of medical care in country, and certificate, diagnosis certificate of invasive medical care or blood transfusion during the said medical care course;
b) certificate of HIV-negative testing of applicant during the entry period in the country when the afore-mentioned medical care courses take place.
(3) For applications made under the reason of being an individual without household registration who has relative(s) within the second degree of kinship who have household registration in the Taiwan Area, attach the following documents:
a) certificate of applicant applying for nationality to the competent internal affairs authority in recent three months;
b) relevant certificates of relative(s) within the second degree of kinship who have household registration in the Taiwan Area (must be notarized by local court or their affiliated private notary public).
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Point 5
Applicants shall attach HIV laboratory testing documents issued by the accuracy testing institutions for AIDS antibodies qualified by Centers for Disease Control, Ministry of Health and Welfare, R.O.C.(Taiwan). However, if the applicants have already entered the country prior to the amendment and announcement of this set of Directions on August 23, 2010, they may attach one of the following HIV-negative laboratory testing documents for processing:
1) certificates of laboratory testing issued by public hospitals, corporate hospitals or hospitals affiliated to public or private universities of the mainland China; they shall be notarized by designated notary public of the mainland China and endorsed by the Straits Exchange Foundation;
2) certificates of laboratory testing issued by hospitals in Thailand, Indonesia, Malaysia, Vietnam, the Philippines and Mongolia designated by the Ministry examination of alien laborers; they shall be verified by the ROC (Taiwan) embassies or representative offices;
3) applications from countries other than those mentioned in 1) and 2) above shall attach certificates of laboratory testing issued by public hospitals, corporate hospitals or hospitals affiliated to public or private universities; they shall be verified by the ROC (Taiwan) embassies or representative offices.
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Point 6
When the documents mentioned in the preceding Paragraph are in foreign languages, their translation in Chinese shall be attached; when they are prepared in foreign countries, their Chinese and foreign language versions shall be verified by the ROC (Taiwan) embassies or representative offices.
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Point 7
Procedures for the review of applications are as follows:
1) Administrative review: review of documents attached by applicant:
(1) Applications not applicable to regulations of Article 20 of the Act shall be rejected, and no further applications shall be made.
(2) If the documents attached by the applicant are insufficient, the Ministry may notify in writing the applicant (or their trustees) for reinforcement and correction within 15 days; if reinforcement and correction are not made in due time, application shall be rejected, and no further applications shall be made.
(3) For applications made under the reason of being infected by national spouse, the Ministry may notify in writing the applicant and their spouse for blood testing at the health bureau (station) of jurisdiction; the health bureau is requested to send the original (not separately packed) blood specimens to the Research and Laboratory Testing Center, Centers for Disease Control, Ministry of Health and Welfare, R.O.C.(Taiwan) (No. 161, Kunyang Street, Taipei City) for re-examination (HIV genotyping and gene sequencing); if blood specimens are not taken in due time, application shall be rejected, and no further application shall be made.
(4) For applications made by persons without household registration who have relative(s) within the second-degree of kinship who have household registration in the Taiwan Area, the Ministry shall complete the administrative review in two months to close the case, and notify the applicant in writing of the results.
2) Meetings of the Communicable Disease Control Review of the Ministry (the Entry Review Group) will be held:
(1) For applications of administrative review in accordance with regulations of Article 20 of the Act, the review of applications(except items 4 of the preceding Subparagraph) are subject to close, and meetings of the Communicable Disease Control Review of the Ministry (the Entry Review Group) shall be held within three months.
(2) When necessary, local governments (such as health bureaus, bureaus of social affairs, police departments, etc.) may present an overall assessment of the family, social and living conditions of the applicant, and make presentations and reports at the Committee meetings.
(3) The review process shall be completed within 15 days after the resolutions of the meetings; applicant will be notified in writing of the results of the review.
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